Services and Utilities. 5.1 Con Edison shall, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 3 contracts
Samples: Agreement for the Operation and Maintenance of Facilities, Operation and Maintenance Agreement, Operation and Maintenance Agreement
Services and Utilities. 5.1 Con Edison shall(a) Landlord shall provide the following services and utilities during normal business hours on all days except Saturdays, Sundays, and federal and state holidays, or unless otherwise stated below. Cost of such services shall be included as an Operating Cost.
(i) when necessary during normal business hours, central heating and air conditioning in the Premises and the Common Areas at temperature levels customary for comparable office buildings in the immediate vicinity (Landlord and Tenant agree that Tenant shall have the right to operate the HVAC system serving the Premises on an after-hours basis and shall pay for such expense in accordance with Section 8(b));
(ii) janitorial services five business days per week; and
(iii) three passenger elevators, to be used in common with other tenants, except for the occasion of a temporary repair or replacement of the elevators. “Normal business hours” for purposes of clause (a) above shall be deemed to mean the periods from 8:00 a.m. until 6:00 p.m. on business days (Monday through Friday) and from 8:00 a.m. until 1:00 p.m. on Saturdays. Tenant shall nonetheless have access to the Premises and elevators seven (7) days a week, twenty-four (24) hours a day, subject to and in accordance with any security procedures that Landlord may have in place.
(b) Tenant shall pay Tenant’s pro rata share of Tenant Electric. In addition, Tenant shall pay for all costs of after-hours HVAC service used by Tenant at an hourly rate mutually agreed upon by Landlord and Tenant. Electric current supplied to or used in the terms Premises shall be set at the rate prevailing for Tenant’s class of use as established by the company or companies chosen by Landlord or its designee to provide electricity to the Premises. Upon reasonable prior notice, Landlord or its designated electric service provider may have access to the Premises to install equipment necessary to deliver electric service to the Premises or the Building provided that Landlord or the utility company shall restore the Premises to its condition prior to the commencement of such work. Landlord reserves the right to switch electricity providers, if legally permissible, at any time. Landlord shall not be liable to Tenant for damages arising as a result of service interruptions caused by any electric service provider. Electric current supplied to or used in the Premise shall be measured by a submeter.
(c) Any failure by the Landlord to furnish any of the foregoing services or utilities, resulting from circumstances beyond the Landlord’s reasonable control or from interruption of such services due to repairs or maintenance, shall not render the Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of the Tenant, nor cause an abatement of rent hereunder, nor relieve the Tenant from any of its obligations hereunder, unless caused by Landlord or its agents, employees and/or contractors. If any public utility or governmental body shall require the Landlord or the Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, the Landlord and conditions the Tenant shall comply with such requirements, whether or not the services and utilities referred to in this section 8 are thereby reduced or otherwise affected, without any liability on the part of the Landlord to the Tenant or any other person or any reduction or adjustment in rent payable hereunder. The Landlord and its agents shall be permitted reasonable access to the Premises for the purpose of installing and servicing systems within the Premises deemed necessary by the Landlord to provide the services and utilities referred to in this Section 8 to the Tenant and other tenants in the Building.
(d) Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises beyond normal office uses. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a separate License Agreement and/or amendment greater capacity than the facilities existing, such installation shall be subject to Landlord’s prior written approval of Tenant’s plans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Easement GrantPremises. In addition, if Tenant requires lighting other than the standard lighting provided by Landlord for the Building, Tenant shall be required to pay Landlord on demand for the additional costs of such lighting, including light bulb replacement.
(e) Landlord shall cause to be operated a trash removal service for the Project, the costs and expenses of which shall be a part of Operating Costs. In the event that Tenant’s use of the Premises requires trash removal services in excess of that required for standard office tenants, Tenant shall pay to Landlord, as additional rent all costs and expenses in excess of the trash removal costs which are attributable to such excess usage.
(f) In the event Tenant wishes, at any time, to utilize the services of a telecommunications provider who is not then authorized by the Landlord to provide telecommunications services to tenants in the Building, such provider shall be permitted to install its lines or other equipment within the Building after it secures the prior written approval of the Landlord. Landlord hereby authorizes Verizon, Worldcom, and Telephonet to provide telecommunication services to the Building. Tenant shall use its best efforts to get such vendors to execute license and access agreements reasonably acceptable to Landlord provided that such agreements do not materially alter the telecommunication service to Tenant or increase the costs to Tenant of such telecommunication services. Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including, without limitation, the costs of installation, materials and services; (ii) the provider shall agree to use the Building’s central communications distribution system (“CDS”) to deliver telecommunications services to Tenant (unless the CDS is not physically capable of delivering such services); (iii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iv) the provider agrees in writing to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants in the Building, and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in this Lease; (v) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider’s equipment and materials; (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for the fair market value of a provider’s occupancy of the Building, and the costs which may reasonably be expected to be incurred by Landlord in conjunction with the provider’s occupancy of and activities within the Building; and (vii) all of the foregoing matters are documented in a written agreement between Landlord and the provider, the form acceptable and content of which is reasonably satisfactory to Con Edison Landlord. Except as otherwise authorized in writing by Landlord, all communications services provided to Tenant shall be delivered via the Building’s CDS. Landlord may charge Tenant’s service providers fees for use of the CDS (“CDS Fees”), which includes monthly recurring fees (“Recurring CDS Fees”) for use of each circuit of the CDS used in the delivery of communications services to Tenant, and non-recurring fees (“Non-Recurring CDS Fees”) relating to activities such as moves, adds and changes of circuits which Landlord or Landlord’s agents are making. In the event that a service provider refuses for any reason to pay the CDS Fees directly to Landlord, or if Tenant is directly using the CDS to connect to a provider or otherwise, Tenant shall be responsible to pay Landlord Non-Recurring CDS Fees, but in no event shall Tenant be responsible to pay to Landlord Recurring CDS Fees, Landlord shall repair or replace the CDS as necessary to eliminate any interruption or other adverse effects to Tenant caused by malfunction, damage or destruction of the CDS, the cost of which shall be borne by Tenant if the problem was caused directly or indirectly by the act or omission of Tenant, its agents, representatives, employees or invitees. In no event shall Landlord or its agents be liable for any direct or indirect claims or damages of any kind arising out of any interruption or failure of communications or related services (including without limitation, local or long distance phone service, internet, cable TV, CDS, and data services) received by Tenant, it being understood that Tenant shall look solely to its communications services providers for recovery of any such claims or damages. To the extent that Landlord or its agents provides any communications services directly to Tenant, Tenant’s sole remedy in the event that such services provided by Landlord or its agents are interrupted or otherwise fail shall be an equitable abatement of the fees paid by Tenant to Landlord or its agents for such services, pro-rated from the date of the interruption or failure of service until the date upon which service is restored. Landlord shall have the right to designate a third party as its agent to manage and/or own the telecommunications infrastructure in the Building, whose responsibilities include without limitation management of circuit activity on the CDS (“Manager”). Manager or Landlord may provide to Tenant operating procedures for the CDS, including the phone number(s) for the, person or persons responsible for the operation and maintenance of the CDS, and Tenant agrees to comply with any such procedures. Notwithstanding the foregoing, Landlord may, in its sole discretiondiscretion and upon notice to Tenant, allow the Power Authority to use and occupy certain land at the Con Edison Lands, also designate other entities as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection Manager of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementCDS.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 3 contracts
Samples: Office Lease, Office Lease (Under Armour, Inc.), Office Lease (Under Armour, Inc.)
Services and Utilities. 5.1 Con Edison shallLandlord shall furnish all normal services and utilities such as elevator service, subject lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the terms and conditions of a separate License Agreement and/or amendment building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Easement GrantPremises at all times , in a form acceptable to Con Edison in its sole discretionelectricity for normal desk top office equipment, allow .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the Power Authority to comfortable use and occupy certain land occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the Con Edison LandsHVAC and/or electricity system for additional heating, as preliminarily shown on cooling or electricity outside of the Survey, attached hereto as Exhibit E, as required to permit subsurface normal business hours. Such additional HVAC and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which electricity usage shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURSelectronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the extension common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substationinstallation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) its own revenue/electric meters failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Astoria Annex SubstationPremises which affect the temperature otherwise maintained by the HVAC system, (iii) its own revenue/Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric meter current in excess of that usually furnished or supplied for the PURS use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and Pressurization Plants its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the Power Authority Property associated with Q35L & Q35M Transmission Lines rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and (iv) electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at other locations as Con Edison reasonably requests Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the Facility. On or before the O&M Commencement Date, ownership maintenance and repair of all any such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in at its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicessole cost.
Appears in 3 contracts
Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)
Services and Utilities. 5.1 Con Edison shall, subject Landlord shall use all reasonable efforts to furnish or cause to be furnished to the terms Premises the utilities and conditions of a separate License Agreement and/or amendment to services described in the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use Standards for Services and occupy certain land at the Con Edison Lands, as preliminarily shown on the SurveyUtilities, attached hereto as Exhibit EB, as required subject to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines the conditions and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be owned by Power Authority from subject to the Y connection rules and regulations of the Con Edison System supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the Astoria Annex Substationforegoing, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its own water meter at the Astoria Annex Substationemployees, agents or contractors; (ii) its own revenue/electric meters for equipment Tenant notifies Landlord of such interruption in writing (the Astoria Annex Substation, “Interruption Notice”); (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) at such interruption is not caused by a fire or other locations Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as Con Edison reasonably requests a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters interruption shall be transferred as follows: on the tenth (10th) consecutive Business Day following the latest to Con Edison. The Power Authority shall establish accounts for any services/utilitiesoccur of the date the Premises (or material portion thereof) becomes untenantable, including servicesthe date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, specified in Section 5.1 as applicable, in its own name. The Power Authority the Rent payable hereunder shall be solely responsible to pay abated on a per diem basis for any each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and all not used by Tenant, and such services directly to abatement shall continue until the provider of such servicesdate the Premises become tenantable again.
Appears in 3 contracts
Samples: Lease Termination Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Services and Utilities. 5.1 Con Edison shallA. Lessor covenants that it will, subject during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the terms Premises elevator service, electricity, seasonal air conditioning and conditions heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of a separate License Agreement and/or amendment the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the Easement Grantutility provider if requested by Lessor, in all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a form acceptable square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to Con Edison the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, allow the Power Authority Lessee shall pay to use and occupy certain land at the Con Edison LandsLessor monthly, as preliminarily shown on the Surveyadditional rent, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection Lessee’s portion of the Con Edison System cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Astoria Annex Substation, power supply from Building or the Power Authority’s transformers Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the PURSBuilding electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the extension roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of dielectric oil cooling lines for the Q35L & Q35M Transmission Linespremises not utilized by any other occupant of the Building. In obtaining the light and power for the FacilityWhich costs are estimated to be $3,560.00 annually, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority Lessor owns and shall be maintained by Con Edison pursuant responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the terms and conditions of this Composite Agreement.
5.2 Prior to system while the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters Lessee shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all costs for such services directly repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the provider packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of such servicesthe premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 3 contracts
Samples: Office Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.)
Services and Utilities. 5.1 Con Edison (a) Subject to the provisions elsewhere herein contained and to the Rules And Regulations, Tenant shall be responsible for arranging for, and direct payment of the cost of janitorial service for the Premises, security for the Premises, transportation management and mitigation programs, telephone, and cable and digital services and Landlord shall cooperate with Tenant’s efforts to arrange such services.
(b) Subject to the provisions elsewhere herein contained and to the Rules and Regulations, Landlord shall be responsible for arranging for (subject to Landlord’s right to reimbursement pursuant to the provisions of Paragraph 3(c) and this Paragraph 12) the following to the Premises: (i) hot and cold water for use in any existing plumbing fixtures within the Premises; (ii) gas; (iii) customary HVAC service in season (subject to the terms of this Paragraph 12); (iv) electricity and any other utilities and services which are used by or serve both Tenant and one or more other tenants in the Building; and (v) such other services and utilities as Landlord reasonably determines to provide and which serve one or more tenants of the Project.
(c) Landlord shall, subject to the terms provisions elsewhere herein contained and conditions of a separate License Agreement and/or amendment to the Easement GrantRules And Regulations, in a form acceptable be responsible for arranging for (subject to Con Edison in its sole discretion, allow the Power Authority Landlord’s right to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison reimbursement pursuant to the terms and conditions provisions of this Composite Agreement.
5.2 Prior Paragraph 3(c) ) the following to be provided to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, Common Area: (i) its own water meter at the Astoria Annex Substation, electricity; (ii) its own revenue/electric meters for equipment customary HVAC service in the Astoria Annex Substationseason, during Business Hours; (iii) its own revenue/electric meter for the PURS routine maintenance, repairs and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and replacements; (iv) at other locations as Con Edison reasonably requests janitorial service; (v) lamps, bulbs and ballasts; (vi) storm sewer and drainage services for the FacilityProject; (vii) utilities and services to be provided to the exterior Common Area (e.g., landscape maintenance); (vii) garbage pickup, and (viii) such other services and utilities as Landlord reasonably determines to provide to the Common Area.
(d) Utilities and services provided to Tenant shall, at Landlord’s option, be paid for by Tenant either (i) through inclusion in Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by a separate charge billed by the applicable utility or service company and payable directly by Tenant. On Landlord shall have the right to measure utility and service usage, including without limitation, electrical usage, through any reasonable and equitable method, including, without limitation, the installation (at Landlord’s cost) of submeters. If, in Landlord’s reasonable opinion, Tenant’s use of any utility or before service (including, without limitation, HVAC services) provided by Landlord is in excess of the O&M Commencement Datecustomary usage by a tenant using similar office space in the Mountain View area for similar uses as the Permitted Uses (including without limitation uses occurring outside of Building Hours), ownership Tenant shall pay Landlord the cost of providing such additional utility or service within ten (10) days following presentation of an invoice therefor by Landlord to Tenant, or though such other equitable method as Landlord may employ. The cost chargeable to Tenant for all extra utilities and/or services shall constitute Additional Rent. The HVAC system for the Premises shall automatically run Monday through Friday (excluding holidays) from 7:00 a.m. to 6:00 p.m. (“Building Hours”). Tenant shall have the ability to activate the HVAC system for the Premises during non-Building Hours. Tenant agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the HVAC system.
(e) Unless such revenue meters apparatus or device is included in Tenant’s space plans approved by Landlord, Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load (i.e., materially beyond the designed building load) on the Building or its structure or systems, including, without limitation, electronic data processing machines and other machines using excess lighting or voltage in excess of the amount for which the Building is designed without providing the necessary (in Landlord’s reasonable discretion) alteration necessary for the safe and adequate operation of said apparatus or device.
(f) Landlord shall not be in default hereunder, nor be liable for any damages directly or indirectly resulting from, nor shall Tenant be relieved from the performance of any covenant on its part to be performed hereunder, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord (any of the foregoing, “Force Majeure”), or by the making of repairs or improvements to the Premises or to the Building; or (iii) the limitation, curtailment, rationing or restriction by governmental authorities, utilities suppliers or other third parties (excluding Landlord) on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. The foregoing shall not, however, be deemed to limit Landlord’s liability to Tenant for any of the acts or events described in the immediately preceding sentence which result from or are caused by the negligence or willful misconduct of Landlord, its employees, its property manager or its property manager’s employees, subject to the final sentence of Paragraph 10(b) and Paragraph 11. Any of the acts or events described in the first sentence of this Paragraph 12(f) shall not be deemed to be an eviction (constructive or actual) of Tenant, nor give rise to an abatement of Rent (except as expressly set forth in this Paragraph 12(f)). Notwithstanding the foregoing, if an interruption of any utility service occurs which prevents Tenant from conducting its business at the Premises at any time during Business Hours caused solely by the negligence of willful misconduct of Landlord, its employees, its property manager or its property manager’s employees, and Tenant actually ceases to use the Premises by reason of such interruption, then Tenant shall be transferred entitled to Con Edisonan abatement in Base Rent and Additional Charges for Expenses and Taxes due under the Lease. The Power Authority Such abatement shall establish accounts for commence upon the third (3rd) business day after the later to occur of (i) written notice of such interruption from Tenant to Landlord, or (ii) cessation of use by Tenant by reason of such interruption, and shall continue until such interruption has been terminated. Notwithstanding anything to the contrary in this Paragraph 12(f), abatement of Rent in connection with any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority damage or destruction or eminent domain shall be solely responsible as set forth in Paragraphs 20 and 21, respectively. Furthermore, Landlord shall be entitled to pay for any and all such services directly to cooperate voluntarily in a reasonable manner with the provider efforts of such servicesnational, state or local governmental agencies or utilities suppliers in reducing energy or other resources consumption.
Appears in 2 contracts
Samples: Lease Agreement (Audience Inc), Lease Agreement (Audience Inc)
Services and Utilities. 5.1 Con Edison 14.1 From and after the Lease Commencement Date, Landlord will provide to the Premises, consistent with general (non-medical and non-governmental) office purposes for first class office buildings in the Building’s submarket: air-conditioning and heating during the seasons they are required in Landlord’s reasonable judgment substantially in accordance with Exhibit H; janitorial service on Monday through Friday (or, at Landlord’s option, Sunday through Thursday) only (excluding Holidays) substantially in accordance with Exhibit G, electric power from the utility provider at estimated 13 xxxxx per square foot for Tenant’s use (plus an estimated 6 xxxxx from the generator); standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule, which shall reflect Landlord’s cost of providing such service (including a reasonable activation fee but without a profit increment. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord may provide a card key (or similar type of) access system to provide access to the Building and the Parking Facility at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord may install, at Landlord’s expense, checkmeters to electrical circuits serving Tenant’s equipment to verify that Tenant is not consuming excessive electricity (as defined below). If such checkmeters indicate that Tenant’s electricity consumption is excessive beyond the capacity to be provided by Landlord hereunder, Landlord may install at Tenant’s expense submeters to ascertain Tenant’s actual electricity consumption, and Tenant shall thereafter pay for such excess consumption at the then-current rates charged by the electric service provider selected and used by Landlord (or, at Landlord’s sole option, Tenant shall thereafter pay for Tenant’s entire consumption at such rates, with Landlord making an appropriate adjustment to Operating Charges on account thereof). Without limitation, Landlord may install checkmeters and require Tenant to pay separately for electricity for the supplemental HVAC equipment serving the Premises.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 The Building is currently served by a 1375 KVA generator. Provided no Event of Default exists and subject to Tenant’s obligations specified in this Lease, Landlord shall permit Tenant to use the generator in connection with Tenant’s use of the Premises. Expenses incurred with the ownership, repair, maintenance and operation of the generator shall be included in Operating Charges during the Operating Charges Base Year and subsequent years during the term. Tenant’s hook up and use of the generator shall be subject to the terms review and conditions approval of the Building’s engineer.
14.5 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a separate License Agreement and/or amendment to the Easement Grantrent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a form acceptable to Con Edison continuous period of three (3) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole discretionand exclusive remedy, allow to an abatement of the Power Authority to use and occupy certain land at Base Rent payable hereunder for the Con Edison Lands, as preliminarily shown period beginning on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines day after such three (3) business day period ends and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from continuing until the Y connection earlier of the Con Edison System date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines Tenant; and (ivb) at other locations Landlord shall use reasonable efforts to restore such failure or inability so long as Con Edison reasonably requests for the Facility. On such failure or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred inability is within Landlord’s reasonable control to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicescorrect.
Appears in 2 contracts
Samples: Office Lease Agreement (Wells Real Estate Fund Xi L P), Office Lease Agreement (Wells Real Estate Fund Xi L P)
Services and Utilities. 5.1 Con Edison shall13.1 Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, subject Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and conditions provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority result of such failure (i) Tenant shall not be reasonably able to use and occupy certain land at occupy, or to have access to, the Con Edison LandsPremises, or a material portion of the Premises, as preliminarily shown on the Surveycase may be, attached hereto as Exhibit E, as for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to permit subsurface and/or aerial rights be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for telecommunications facilitiesthe Premises is submetered by Landlord then as payment for such electricity, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerLandlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which shall be owned by Power Authority from the Y connection is Landlord’s estimate of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines appropriate electricity charge for the Q35L & Q35M Transmission Lines. In obtaining Premises as of the light and power for the FacilityLease Reference Date, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service with such amount to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded increased from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered time by notice from Landlord to Tenant to the Facility extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison Tenant pays pursuant to the terms and conditions preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s xxxx therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Composite AgreementSection 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
5.2 Prior 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge more than Landlord’s actual cost therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the O&M Commencement Datecontrary, however, Tenant shall be responsible for furnishing its own security within the Power Authority shall install, Premises at its Tenant’s sole cost and expense.
13.3 Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (i10) its own days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), and if Landlord does consent, Landlord may cause a water meter at or electric current meter to be installed so as to measure the Astoria Annex Substationamount of such excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) days of Landlord’s demand, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership cost of all such revenue meters excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not without the written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be transferred entitled to Con Edison. The Power Authority shall establish accounts for any services/utilitiesthe use of wiring (“Communications Wiring”), including services, specified in Section 5.1 as applicable, in at its own name. The Power Authority shall be solely responsible to pay for any and all such services directly risk, from the existing telecommunications nexus in the Building to the provider Premises, sufficient for the Permitted Uses of such servicesTenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
Appears in 2 contracts
Services and Utilities. 5.1 Con Edison shallThroughout the Lease Term, Landlord agrees to furnish to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises (except for the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the terms and conditions of a separate License Agreement and/or amendment air conditioning unit servicing the computer room is not subject to the Easement Grantforegoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in a form acceptable to Con Edison standard light fixtures in its sole discretionthe Premises and the Common Areas;
(6) Xxxxxxx of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two seven (27) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System days per week access to the Astoria Annex SubstationBuilding, power supply from the Power Authority’s transformers Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised Premises or superseded parking lot from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 2 contracts
Samples: Deed of Office Lease (Mercator Software Inc), Deed of Office Lease (Mercator Software Inc)
Services and Utilities. 5.1 Con Edison shallLandlord will furnish only the following services to Tenant:
(A) Cleaning services, subject deemed by Landlord to be normal and usual in a first class office building, on Monday through Friday (but not on New Years Day, Presidents’ Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, Xxxxxx Xxxxxx Xxxx’x Birthday and any other national legal holiday which may be established), except that shampooing and replacement of carpet as required by Tenant shall be at Tenant’s expense.
(B) Automatically operated elevator service during Business Hours (i.e., standard passenger and freight elevator services) with at least one passenger elevator during non-business hours; public stairs; electrical current for lighting, incidentals, and normal office use for general use of the Project’s tenants; and water at those points of supply provided for general use of the Project’s tenants at all times and on all days throughout the year. Tenant shall nonetheless have access to the terms Leased Premises at all times and conditions of a separate License Agreement and/or amendment to the Easement Grantheating, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use ventilation and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which air conditioning services shall be owned by Power Authority from the Y connection available to Tenant twenty-four (24) hours per day, three hundred sixty five (365) days per year. Such services shall be provided as long as Tenant is not in default under any of the Con Edison System to the Astoria Annex Substationterms, power supply from the Power Authority’s transformers to the PURSprovisions, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms covenants and conditions of this Composite Agreement.
5.2 Prior Lease, subject to interruption caused by repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, actions or requirements by any governmental agency or official, acts of God and conditions and causes beyond the O&M Commencement Datecontrol of Landlord, and upon such happening, no claim for damages or abatement of Rent for failure to furnish any such services shall be made by Tenant or allowed by Landlord nor shall any such happening be construed as a constructive eviction of Tenant. All other responsibility for maintenance of the Leased Premises, unless specifically assigned to Landlord, shall be the responsibility of Tenant. Tenant agrees to pay for all costs and expenses for electricity, heat, cooling, telephone, gas, if any, and any and all other utilities furnished to or connected with the Leased Premises during the Tenant’s construction of Tenant’s Work or installation of other improvements and during the Lease Term, promptly as each payment becomes due including, but not limited to, all initial changes, costs and fees. No electric current shall be used except that furnished or approved by Landlord, nor shall electric cable or wire be brought into the Leased Premises, except upon the written consent and approval of Landlord. Tenant shall use only office machines, fixtures, and equipment that operate on the Project’s standard electric circuits, but which in no event shall overload the Project’s standard electric circuits from which Tenant obtains electric current. Any required installation of special circuits or equipment to service Tenant’s unusual electrical needs shall be at Tenant’s expense and only if prior approval therefor is given in writing by Landlord. Should Tenant require HVAC at any time other than the Building Hours, the Power Authority shall installsame may be provided at an additional cost to Tenant in accordance with Landlord’s charges for the same then in effect and subject to change during the Lease Term. Further, Landlord reserves the right to require the Tenant to install and maintain, at its the Tenant’s sole cost and expense, (i) its own a water meter at or sub-meter. If the Astoria Annex SubstationLeased Premises is separately metered for electricity, (ii) its own revenuethen Tenant shall arrange for electric service and establish an account for electric service with the local power/electric meters for equipment electrical company servicing the Project. If no such separate meter is in the Astoria Annex Substationplace, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters Tenant shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any its electrical usage as a part of Tenant’s payment toward Operating Expenses. If the Landlord requires, the Tenant agrees to make payments for its water and all such services sewer service directly to Landlord as a reimbursement for expenses Landlord has incurred on Tenant’s behalf, directly to the provider company providing the service, or as part of such servicesTenant’s payment toward Operating Expenses. If Landlord requires Tenant to install a water meter or sub-meter, Landlord will not charge Tenant for Tenant’s pro-rata share of the cost for water consumption from any similar tenant meters. However, Tenant will still be responsible for the pro-rata share of the cost of water consumed in connection with the Common Areas (as defined below).
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Omnicomm Systems Inc)
Services and Utilities. 5.1 Con Edison shall(a) During the Term, subject and any extension or holdover thereof, the Lessor shall be responsible for the provision of the following during all hours that the Lessee is operating its Use, as that term is defined in Section 4 of this Lease, in accordance with the provisions of Section 14 of this Lease (including those times the Lessor may require for the Lessee to be open for and conduct its business and furnish its services on additional days and hours, including Saturdays, Sundays and State Legal Holidays):
(1) Conditioned airflow to provide suitable and comfortable levels of heating, air conditioning and ventilation pursuant to the terms standards adopted by the State for the Demised Premises and conditions the Plaza, as that term is defined in Section 1(d) of a separate License Agreement and/or amendment to this Lease, from the Easement GrantUtility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, serving the Demised Premises and the Plaza, as that term is defined in Section 1(d) of this Lease.
(2) Hot and cold water, in a form acceptable to Con Edison reasonable quantities, in its sole discretion, allow the Power Authority to use Demised Premises and occupy certain land at the Con Edison LandsPlaza, as preliminarily shown on that term is defined in Section 1(d) of this Lease.
(3) Electric service distribution equipment, lighting fixtures, and electric service of sufficient amount and quality for the Surveyproper lighting of the Demised Premises and for the operation of the Lessee’s Use, as that term is defined in Section 4 of this Lease, including, in addition to normal building requirements, electrical services for equipment, electrical equipment and appurtenances. Notwithstanding the foregoing, the State shall have no obligation to increase or change the amount or type of service or equipment and fixtures provided in the Demised Premises and the Plaza, as that term is defined in Section 1(d) of this Lease.
(4) The Provision and replacement of all electric ballasts, lamps and bulbs in lighting fixtures in the Plaza, as that term is defined in Section 1(d) of this Lease, and the Premises, as that term is defined in Section 3 of this Lease. In addition, EO-22, which is attached hereto as Exhibit E2, as required contains requirements and restrictions pertaining to permit subsurface and/or aerial rights for telecommunications facilitiesheating, including phone lines ventilation, air conditioning and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerelectricity. The Lessee acknowledges an understanding of the requirements of EO-22, which shall be owned by Power Authority from is annexed hereto as Exhibit 2, and pledges to cooperate with the Y connection State in its implementation.
(b) If the Lessee erects any partitions or makes any improvements that stop, hinder, obstruct or interfere with the cooling of the Con Edison System air or the heating of the Demised Premises, then no such action by the Lessee shall impose any obligations on the State to increase or augment the Astoria Annex Substation, power existing or presently contemplated supply from the Power Authority’s transformers to the PURSof conditioned airflow for air cooling or for heating, and the extension Lessee shall not in any such event be relieved of dielectric oil any of its obligations hereunder because a comfortable temperature is not maintained. No consent or approvals given by the State in connection with the erection of partitions, the making of any improvements or the installation of any heating or air conditioning distribution systems shall be or be deemed to be a representation that the work consented to or approved will not stop, hinder, obstruct or interfere with either the cooling lines of the air or heating of the Demised Premises, or any portion thereof, or that any system is sufficient or adequate for the Q35L & Q35M Transmission Linesdistribution of heating or air cooling of the Demised Premises. In obtaining It is hereby understood further that the light and power installation by the Lessee of any equipment that itself requires air cooling or that requires additional quantities of air cooling at the portion of the Demised Premises where such equipment is installed, or the concentration in any portion of the Demised Premises of such a number of people so as to require additional quantities of air cooling, shall not impose any obligation on the State to increase the capacity or output of initially existing facilities, equipment or fixtures for the Facilitysupply of air cooling, Power Authority and the Lessee shall obtain not in any such event be relieved of any of its obligations hereunder.
(c) The Lessee shall not waste or dissipate air cooling or heating nor draw any of the same into the Demised Premises from public areas contiguous thereto.
(d) The State, upon twenty-four (24) hours’ notice to the Lessee (which may be given in person or by telephone), except in the event of an emergency, in which case no notice shall be required, shall have the right to discontinue temporarily the supply of any of the services and pay utilities discussed in this section when necessary or desirable in the opinion of the State in order to make any repairs, alterations, changes or improvements in the Demised Premises or elsewhere in the Plaza, as that term is defined in Section 1(d) of this Lease, or in order to conserve energy including, but not limited to, all systems for unbundled delivery the supply of such services. The State shall use commercially reasonable efforts to avoid interference with the Lessee’s Use, as that term is defined in Section 4 of this Lease, of the Demised Premises, access thereto and visibility thereof.
(e) No failure, delay, interruption or reduction in any service from Con Edisonor services discussed in this section shall be or shall be construed to be an eviction of the Lessee, shall be grounds for any diminution or abatement of the Fixed Rent, as that term is defined in Section 6 of this Lease, or additional rent due and payable hereunder, or shall constitute grounds, for any claim by the Lessee for damages, consequential or otherwise, unless due to the negligent acts of the State or its officers and employees, acting within the course and scope of their employment. Con Edison If the Lessee shall provide be in default under any provisions of this Lease beyond any applicable notice and cure periods, the unbundled delivery State shall be permitted to cease providing any service or services required to be provided by the State hereunder to the Lessee. The State may cease providing such services only during the period in which the Lessee remains in default hereunder.
(f) The State shall be under no obligation to supply any service or services discussed in this section if and to the extent and during any period that the supplying of any such service or services or the use of any component necessary therefor shall be prohibited or rationed by any federal, State or municipal law, rule, regulation, requirement, order or direction and if the State deems it in the public interest to comply therewith, even though such law, rule, regulation, requirement, order or direction may not be mandatory on the State as a public agency.
(g) Anything to the contrary notwithstanding for the purposes of this Lease Agreement, the Lessee has reviewed the utilities installations and agrees that the currently installed Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, within the Demised Premises, are adequate for its intended Use, as that term is defined in Section 4 of this Lease.
(h) Notwithstanding anything contained herein to the contrary, if any utility or service to the Power Authority Demised Premises, which is provided by the State or under Con Edisonthe State’s Delivery Service Rate Schedulecontrol, PASNY No. 4is interrupted for more than twenty-four (24) hours due to the negligence of the State or its officers and employees, acting within the course and scope of their employment, then the Fixed Rent, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions term is defined in Section 6 of this Composite Agreement.
5.2 Prior to the O&M Commencement DateLease, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all other charges due and payable hereunder shall xxxxx during the period such services directly to the provider of such servicesutility or service is interrupted.
Appears in 2 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement
Services and Utilities. 5.1 Con Edison shall16.1 Landlord will furnish the following services to Tenant: (i) cleaning services, normal and usual in a first class office building, on Monday through Friday, except that shampooing and replacement of carpet as required by Tenant shall be Tenant’s expense; (ii) automatically operating elevator service available in accordance with the Rules and Regulations, public stairs, electrical current for lighting, incidentals, and normal office use, and water at those points of supply provided for the general use of tenants at all times and on all days throughout the year; (iii) heat and air conditioning sufficient for an occupancy of 125 square feet per person on Monday through Friday from 9:00 A.M. to 8:00 P.M. and on Saturday from 10:00 A.M. to 2:00 P.M. (except, however, on legal holidays and any other generally recognized holidays which Landlord may designate); and (iv) an access control system. Landlord shall also furnish heat and air conditioning at such other times as are not provided for herein, provided Tenant gives written request to Landlord before 2:00 P.M. of the business day preceding the extra usage, and provided Tenant pays Landlord’s costs of furnishing such heat or air conditioning.
16.2 Tenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning system. Wherever heat-generating machines, excess lighting 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.
16.3 No electric current shall be used except that furnished or approved by Landlord, nor shall electric cable or wire be brought into the Premises, except upon the written consent and approval of the Landlord. Tenant shall use only office machines and equipment that operate on the Building’s standard electric circuits, but which in no event shall overload fee Building’s standard electric circuits from which the Tenant obtains electric current. Any consumption of electric current in excess of usual, normal and customary business office use, with an acknowledgement of Tenant’s anticipated high density use of the Premises, or which require special circuits or equipment (the installation of which shall be at Tenant’s expense after approval in writing by the Landlord), shall be paid for by the Tenant as an Additional Charge payable to Landlord upon demand in an amount to be determined by Landlord, based upon Landlord’s estimated cost of such excess electric current consumption. If Tenant shall require water, electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space, Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed by Tenant. Tenant agrees to pay Landlord upon demand by Landlord for all such water, electric current or other resource consumed, as shown by any such meter, at the rates charged by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water, electric current or other resource so consumed. The cost of any such meters and of installation, maintenance, and repair thereof shall also be paid for by Tenant.
16.4 Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by construction, repairs or improvements to the Premises or to the Building, or (ii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. Landlord shall not be in default hereunder, and shall not be liable for any damages directly or indirectly resulting from the installation, use or interruption of use, of any equipment in connection with the furnishing of any of the foregoing utilities and services, subject to the terms Tenant’s ability to establish a right to xxxxx rent for an interruption in use of such services and conditions of a separate License Agreement and/or amendment utilities under California law. Furthermore, Landlord shall be entitled to the Easement Grant, cooperate voluntarily in a form acceptable to Con Edison reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in its reducing energy or other resource consumption.
16.5 Without the prior written consent of Landlord, which Landlord may refuse in Landlord’s sole discretion, allow Tenant shall not place or install in the Power Authority to use and occupy certain land at Premises any machine or equipment the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, weight of which shall be owned by Power Authority from exceed the Y connection normal load bearing capacity of the Con Edison System floors of the Building; and if Landlord consents to the Astoria Annex Substationplacement or installation of any such machine or equipment in the Premises, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, Tenant at its sole cost and expense, (i) its own water meter at expense shall reinforce the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment floor of the Premises in the Astoria Annex Substationarea of such placement or installation, (iii) its own revenue/electric meter for the PURS pursuant to plans and Pressurization Plants at the Power Authority Property associated specifications approved by Landlord and otherwise in compliance with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement DateArticle 7, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider extent necessary to assure that no damage to the Premises or the Building or weakening of such servicesany structural supports will be occasioned thereby.
Appears in 2 contracts
Samples: Office Lease (Twilio Inc), Office Lease (Twilio Inc)
Services and Utilities. 5.1 Con Edison shall(a) Tenant shall be solely responsible for obtaining service and thereafter paying the cost of all electrical service required for Tenant's use of the Premises, subject which includes, but is not limited to, electrical services required for the heating and air conditioning system ("HVAC") for the Premises, and the use of the Premises by Tenant. In this regard, the Premises shall be separately metered for electrical consumption and Tenant shall pay all such amounts due prior to delinquency. As provided in the Work Letter Agreement (which includes the agreed upon electrical specifications for the Premises), Landlord shall cause all electrical distribution to be installed within the Premises. The failure of such electrical service to be provided to the terms Premises, or any cessation thereof, shall not render Landlord liable in any respect for damages to either person or property, nor be construed an eviction of Tenant, nor cause an abatement of rent, or relieve Tenant from the fulfillment of any covenant or agreement thereof. Whenever heat generating machines or equipment are used in the Premises or Tenant's use of the Premises beyond customary business hours (7:00 a.m. to 7:00 p.m., Monday through Friday, and conditions 7:00 a.m. to 12:00 p.m. on Saturdays (federal and state holidays excepted) ("BUSINESS HOURS")) adversely affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units for the Premises and the cost thereof, including the cost of a separate License Agreement and/or amendment installation, and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall be entitled to access to the Easement GrantPremises twenty-four (24) hours a day, seven (7) days a week. Landlord shall maintain and keep lighted the common stairs, common entries and toilet rooms in the Building. Subject to Tenant's obligation to pay for the required electricity, Landlord shall cause the HVAC to maintain the Premises at an approximate range of between 72 degrees and 74 degrees Fahrenheit (plus or minus 2 degrees Fahrenheit) during the Business Hours, which service shall be provided to the Premises by HVAC system described in the Work Letter Agreement. As set forth in the Work Letter Agreement, the Premises shall comply with the requirements of ASHRAE Standard 62-1989 (20 CFM per occupant for office type occupancy or as otherwise required by applicable law). 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; person or Tenant's business occurring through or in connection with or incidental to failure to furnish such utilities.
(b) If Tenant shall require water in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall pay Landlord for such excessive use (in excess of water consumption provided for general office use for tenants in the vicinity of the Building) upon written demand by Landlord. If Tenant's utility requirements are excessive, Landlord may cause a water meter to be installed in the Premises so as to measure the amount of water consumed for any such use. The cost of any such meters and of installations, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water currently consumed as shown by said meters, at the rates charged for such services by the local utility furnishing the same, plus any additional expense incurred in keeping account of the water will be established by an estimate made by a utility company, in which case such expense shall not be included within Direct Expenses.
(c) Tenant acknowledges that the use of the HVAC system during non-Business Hours shall result in excessive wear and tear on such system, accordingly, if Tenant intends to utilize non-Business Hours HVAC service on a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, regular reoccurring basis (more than two (2) 27 kV feeder(shours a day, for in excess of an average of seven (7) days a calendar month, for light three (3) consecutive calendar months), Landlord shall have the right to obtain a service agreement for such system, which provides for maintenance, repair and powerreplacement, the cost of which shall be owned paid directly by Power Authority from Tenant (such costs shall not be within the Y connection definition of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementDirect Expenses).
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 2 contracts
Samples: Office Building Lease (Abacus Direct Corp), Office Building Lease (Doubleclick Inc)
Services and Utilities. 5.1 Con Edison shall, subject to From and after the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Lease Commencement Date, Landlord will provide to the Power Authority shall installPremises: air-conditioning and heating during the seasons they are required in Landlord’s reasonable judgment; janitorial service after 5:30 p.m. on Monday through Friday (or, at Landlord’s option, Sunday through Thursday) only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (including an activation or administrative fee) (currently $85.00 per hour); provided however, if such extra service is required by multiple tenants in the Building, Tenant shall be responsible only for its sole allocable portion of the costs of such extra service and any such activation or administrative fee. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building and the Parking Facility at times other than Building Hours. A reasonable number of access cards or other means of access (not to exceed the Access Card Allotment shall be provided to Tenant at no cost and expenseto Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Upon obtaining Landlord’s prior written consent, (i) Tenant shall be permitted to install its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment security system in the Astoria Annex SubstationPremises; provided, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority that Tenant shall be solely responsible for maintaining such system and removing the system upon the expiration or earlier termination of the Lease. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to pay for any enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and all such services directly to the provider of such servicesout.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Dendreon Corp)
Services and Utilities. 5.1 Con Edison shall, 7.1 Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days subject to the terms Rules and conditions Regulations (as defined in Section 23 below) of a separate License Agreement and/or amendment to the Easement GrantBuilding and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity, heating, ventilation and air conditioning ("HVAC") as required in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises; lighting replacement for Building standard lights; elevator service; window washing, restroom supplies and janitor services in a form acceptable manner that such services are customarily furnished to Con Edison comparable office buildings in its sole discretionthe area. Landlord shall supply Common Area water for drinking, allow the Power Authority to use cleaning and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesrestroom purposes only. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall installTenant, at its Tenant's sole cost and expense, shall supply all paper and other products used within the Premises. During normal business hours on generally recognized business days, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. If Tenant desires HVAC or other services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay the standard charge for such additional services as reasonably determined by Landlord from time to time.
7.2 If permitted by law, Landlord shall have the right, in Landlord's reasonable discretion, at any time and from time to time during the Term, to contract for the provision of electricity (ior any other utility) its own water meter with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the Astoria Annex Substationelectric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises.
7.3 Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall Rent be abated by reason of (iia) its own revenue/electric meters for the installation, use or interruption of use of any equipment in connection with the Astoria Annex Substationfurnishing of any of the foregoing services, or (iiib) its own revenue/failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises or Building, or (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Building, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises or Building. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services.
7.4 Tenant shall not consume electric meter current in excess of that usually furnished or supplied for the PURS and Pressurization Plants at use of premises as office space (as determined by Landlord), without first procuring the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for written consent of Landlord, which Landlord may refuse in its absolute discretion. In the Facility. On or before the O&M Commencement Dateevent of consent, ownership of all such revenue meters electrical current shall be transferred to Con Edisonseparately metered in Tenant's name and paid for directly by Tenant. The Power Authority cost of any such meter and its installation, maintenance and repair shall establish accounts for any services/utilitiesbe paid by Tenant.
7.5 Tenant shall not purchase electricity from a provider other than the company or companies used by Landlord, including serviceswithout first procuring the written consent of Landlord, specified in Section 5.1 as applicable, which Landlord may refuse in its own nameabsolute discretion. In the event of consent, electrical current shall be separately metered in Tenant's name and paid for directly by Tenant. The Power Authority shall be solely responsible to pay for cost of any such meter and its installation, maintenance and repair and any and all costs of obtaining electricity from such services provider shall be paid by Tenant. Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant's electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant's electricity provider fails to provide sufficient power to the provider Premises, as well as damages resulting from the improper or faulty installation or construction of such servicesfacilities or equipment in or on the Premises by Tenant or Tenant's electricity provider).
Appears in 2 contracts
Samples: Office Lease (JCM Partners LLC), Office Lease (JCM Partners LLC)
Services and Utilities. 5.1 Con Edison shallLandlord shall furnish to the Premises, subject to the terms provisions of paragraph 5.3 of the Lease, utilities as specified in Article 9. All utilities, including, without limitation, water, electricity, gas and conditions of a separate License Agreement and/or amendment sewer, shall be available to the Easement GrantPremises 24 hours per day, every day throughout the term, in a form acceptable quantities sufficient for Tenant's normal business operations. Landlord shall also provide to Con Edison Tenant access to the Premises 24 hours per day, every day throughout the term. In the event that Tenant consumes services or utilities in its sole discretion, allow excess of that usually supplied to the Power Authority to Premises for use and occupy certain land at of the Con Edison LandsPremises as general office space, as preliminarily shown on reasonably determined by Landlord, and such services or utilities are not separately metered or otherwise directly paid for by Tenant, then Landlord may under such circumstances establish a monthly pro rata charge for Tenant's excess use or consumption of such services and utilities. Notwithstanding any provisions of Article 9 of the SurveyLease to the contrary, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilitiesLandlord shall provide natural gas and electricity, including phone lines steam generator, vacuum, reverse osmosis/deionized water treatment system, uninterrupted power supply, and communication linesemergency generator to the Premises. Landlord, water linesTenant and Tenant's second floor co-tenant, shall cooperate to establish fair and equitable methods for potable water protection, two (2) 27 kV feeder(s) for light the proration of second floor costs of the natural gas and power, which electricity supplied by Landlord. Such agreed upon methods shall be owned in writing and incorporated within the Lease. If no such methods can be agreed upon, the costs of such utilities shall be prorated by Power Authority from Landlord on a straight square-footage basis; provided, however, in the Y connection of event that said formula does not lead to a fair and equitable proration because the Con Edison System second floor tenants do not use electricity or other utilities in proportionally equal amounts, Landlord shall adjust said formula as necessary to the Astoria Annex Substation, power supply from the Power Authority’s transformers lead to the PURS, such fair and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesequitable proration. In obtaining the light and power for the Facility, Power Authority Any such proration shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded reviewed from time to timetime so that it accomplishes the purposes intended hereby. The charges for In either case, the Con Edison delivery services referenced herein prorated costs of such utilities shall be based on quantities of electricity that are delivered to additional rent due under the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementLease.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Office R&d Lease (Protein Polymer Technologies Inc)
Services and Utilities. 5.1 Con Edison shall, subject 13.1 Subject to the terms provisions contained elsewhere herein and conditions of a separate License Agreement and/or amendment to the Easement Grantrules and regulations of the Building, Landlord shall cause to be furnished to the Premises water and electricity, and heating, ventilation and air conditioning, required in a form acceptable to Con Edison in its sole discretion, allow Landlord's judgment for the Power Authority to comfortable use and occupy certain land at occupation of the Con Edison LandsPremises (but not in excess of such utilities and services which are customarily furnished in comparable office buildings in the immediate market area), as preliminarily shown on during the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerbusiness hours of the Building, which shall be owned 7:00 A.M. to 7:00 P.M., Monday through Friday, and 8:00 A.M. to 1:00 P.M. on Saturday, except for New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other holidays as may be determined by Power Authority Landlord from time to time (collectively, the Y connection "Holidays") and, provided that the Premises are used exclusively as offices and are kept reasonably in order by Tenant, janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the market area of the Con Edison System Project but not less than the services shown on Exhibit "H". If Landlord elects to provide additional or after-hours heating, ventilation, air conditioning or any of the Astoria Annex Substationother utilities or services referred to above at Tenant's request, power supply from the Power Authority’s transformers Tenant shall pay to the PURS, and the extension Landlord an amount equal to Landlord's actual costs per hour (plus an allocable charge for depreciation of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, equipment) or such other reasonable charge therefor as it may be revised or superseded determined by Landlord from time to time. The charges Tenant shall keep and cause to be kept closed all window coverings when necessary because of the sun's position, and Tenant also shall at all times cooperate fully with Landlord and abide by all the regulations and requirements which Landlord may prescribe for the Con Edison delivery services referenced herein proper functioning and protection of the heating, ventilation and air conditioning system. If any heat-generating machine, excess lighting or equipment in the Premises affects the temperature otherwise maintained by the air conditioning system, Landlord may install (or at Tenant's request shall install) supplementary air conditioning units in the Premises, and the cost thereof (including, but not limited to, the cost of installation, operation and maintenance thereof) shall be based on quantities of electricity that are delivered paid by Tenant to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned Landlord upon demand by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementLandlord.
5.2 Prior 13.2 Notwithstanding the last sentence of Section 13.1. above, Tenant shall not, without the prior written consent of Landlord, use in the Premises any apparatus, device, machine or equipment using excess lighting, electricity or water; nor shall Tenant connect any apparatus or device to sources of electrical current or water except through existing electrical outlets or water pipes in the O&M Commencement DatePremises. If Tenant shall require excess electricity, or water or any other resource in excess of that customarily supplied for use of similar premises as general office space, Tenant shall first request the Power Authority shall installconsent of Landlord and obtain, at its Tenant's sole cost and expense, any additional consent required from governmental authorities. In the event that Landlord gives its consent and any such additional consent is obtained, Landlord may cause a separate metering device to be installed in the Premises so as to measure the amount of the resource consumed within the Premises. The cost of any such separate metering device including, but not limited to, the cost of installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall promptly pay the cost of all excess resources consumed within the Premises, together with any additional administrative expense incurred by Landlord in connection therewith. For purposes of the foregoing, excess electricity shall be deemed to consist of any amount in excess of 3 wattx xx 120/208 volts per usable square foot on an annualized basis for lighting and 1.5 wattx xx 277/480 volts per usable square foot on an annualized basis for purposes other than lighting.
13.3 Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from any interruption of utilities or services caused by (i) its own water meter at the Astoria Annex Substationinstallation or repair of any equipment in connection with the furnishing of utilities or services, (ii) its own revenue/electric meters for equipment in acts of God or the Astoria Annex Substationelements, labor disturbances of any character, any other accidents or any other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or the Project, or (iii) its own revenue/electric meter for the PURS and Pressurization Plants at limitation, curtailment, rationing or restriction imposed by any governmental agency or service or utility supplier on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for Premises or the FacilityProject. On or before the O&M Commencement DateFurthermore, ownership of all such revenue meters Landlord shall be transferred entitled, without any obligation or compensation to Con Edison. The Power Authority shall establish accounts for any services/utilitiesTenant, including servicesto cooperate voluntarily in a reasonable manner with the efforts of national, specified state or local governmental agencies or service or utility suppliers in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to reducing the provider consumption of such services.energy or
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall13.1 Subject to the other provisions of this Lease, and except as otherwise indicated. Landlord agrees to furnish to the Premises on a 24-hour basis, the following services and utilities subject to the terms rules and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection regulations of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) cleaning and janitorial service after Building Business Hours; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Tenant shall pay for all electricity used by Tenant in the Premises including HVAC-related costs pursuant to Section 13.6) as determined by metered usage of the space occupied. The charges charge shall be at the rates charged by the local public utility. Landlord agrees to use commercially reasonable efforts to consult with Tenant when electrical power contracts are being negotiated and Landlord shall act in good faith in finalizing its electrical power contracts having taking into consideration, among other things, such consultation with Tenant, the needs of all affected tenants and affected buildings as well as the then-market rates. Tenant shall meter all electricity use within the Building and determine Tenant’s share of such electrical service costs on a quarterly basis. Tenant shall pay Landlord $25,000 per month as an advance payment for such electricity. Within fifteen (15) days after the end of each quarter, Tenant shall provide Landlord with the meter readings for the Con Edison delivery services referenced herein prior quarter and its determination of Tenant’s share of such electrical usage for said quarter. Landlord shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water review such meter at readings and confirm the Astoria Annex Substationdetermination of Tenant’s share of such usage, and (ii) multiply Tenant’s usage by the applicable electricity rates in effect during the prior quarter to determine Tenant’s share of electricity costs for said quarter. Within thirty (30) days from receipt of the applicable meter readings and Tenant’s determination of its own revenue/share of usage, Landlord shall invoice Tenant for any additional amounts owed to Landlord having reconciled the advanced payment against the actual electrical service cost incurred for the prior quarter, which invoiced amount shall be due to Landlord within twenty (20) days following Tenant’s receipt of such invoice along with copies of the invoices from the electrical power supplier evidencing the applicable electrical rates. Landlord acknowledges that the Tenant is relying upon timely receipt of Landlord’s invoices for electric meters power costs for equipment budgeting and financial statement purposes. Accordingly, if Landlord fails to provide the invoices within said thirty-day period and Tenant subsequently sends written notice to Landlord (“Tenant’s Notice”) that it has failed to do so, Landlord waives any right to receive payment for electricity costs in excess of the advanced payment for any applicable quarter, provided that Landlord has not cured such failure to send such invoices within ten (10) days after receipt of Tenant’s Notice. Any overpayments determined pursuant to such quarterly determination shall be deducted from the next monthly advance. In the absence of Landlord’s negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS furnishing of services and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edisonutilities. The Power Authority provisions of this Section 13.1 shall establish accounts for survive the termination or expiration of this Lease.
13.2 Should Tenant require any services/utilitiesadditional work or service, as described above, including servicesservices furnished outside ordinary business hours specified above, specified in Section 5.1 as applicableLandlord shall upon reasonable advance notice by Tenant, in its own name. The Power Authority shall be solely responsible furnish such additional service and Tenant agrees to pay Landlord such reasonable charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any and all systems being used to provide such services directly to the provider of such servicesservice.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallLandlord shall provide the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein or in any separate rider hereto):
(a) Electricity for standard office lighting fixtures, and equipment and accessories customary for offices provided: (1) the connected electrical load of all of the same does not exceed an average of 8 xxxxx per rentable square foot of the Premises (or such lesser amount as may be available, based on the safe and lawful capacity of the existing electrical circuit(s) and facilities serving the Premises), (2) the electricity will be at 120 volts, subject to standard and customary deviations in such voltage, and (3) the terms safe and conditions lawful capacity of the existing electrical circuit(s) serving the Premises is not exceeded.
(b) Heat and air-conditioning to provide a separate License Agreement and/or amendment temperature required, in Landlord's reasonable opinion and in accordance with applicable Law, for occupancy of the Premises under normal business operations, from 8:00 A.M. until 6:00 P.M. Monday through Friday and 8:00 A.M. until 1:00 P.M. on Saturday, except on Holidays. Landlord shall not be responsible for inadequate air-conditioning or ventilation to the Easement Grantextent the same occurs because Tenant's use of power exceeds 8 xxxxx per rentable square feet without providing adequate air-conditioning and ventilation therefore or if the number of individuals in the Premises exceeds one (1) per one hundred fifty (150) rentable square feet. If Tenant shall require air conditioning (during the air conditioning season) or heating or ventilation during any season outside the hours and days above specified, Landlord shall furnish such for the area or areas specified in written request of Tenant delivered to building superintendent of Landlord before 3:00 P.M. of the business day preceding the extra usage period. For such services Tenant shall pay Landlord upon receipt of billing therefore, the standard charges from time to time established by Landlord; provided, however, during the first five (5) Lease Years, Tenant shall not incur any charges for the first thirty (30) hours per calendar week of extra usage and in no event will charges for such usage exceed the lowest rate charged by Landlord to any other tenant for extra usage by such tenant.
(c) Water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Property.
(d) Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the Premises.
(e) Signage representation on the Building Directory commensurate with the representation afforded to other similarly sized tenants
(f) Fully automatic elevator service as designed for the use of all tenants and the general public for access to and from all floors of the Building by passenger elevators daily from 8:00 A.M. to 6:00 P.M. (Saturdays to 1:00 P.M.), Sundays and Holidays excepted. Subject to Force Majeure Delay, reduced service, consisting of at least two automatic or manually operated elevators accessing the Premises from the lobby area, will be provided at all other times. Freight elevator service shall be available in common with other tenants from 7:00 A.M. to 6:00 P.M. daily (Saturdays, Sundays and Holidays excepted), with a form acceptable thirty (30) minute time limit for deliveries, and at other times with longer time limits at reasonable charges and only by arrangement in advance with Building management. The Building will be operated as a building with twenty-four hour, seven day access, such access to Con Edison be controlled during non-business hours.
(g) Except with respect to heat and air conditioning for which provision is made in its sole discretionparagraph (b), allow Landlord shall seek to provide such extra utilities or services as Tenant may from time to time request, if the Power Authority same are reasonable and feasible for Landlord to provide and do not involve modifications or additions to the Property or existing Systems and Equipment, and if Landlord shall receive Tenant's request within a reasonable period prior to the time such extra utilities or services are required. Landlord may comply with written or oral requests by any officer or employee of Tenant, unless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to three (3) for each floor on which the Premises are located) and procedures for written requests. Tenant shall, for such extra utilities or services, pay such charges as Landlord shall from time to time reasonably establish. All charges for such extra utilities or services shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing. Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord under this Article (including a system for Landlord's engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the existing Systems and Equipment), and Landlord's reasonable charges for such amount of excess services or utilities used by Tenant. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and occupy certain land at possession of the Con Edison LandsPremises or any part thereof, as preliminarily shown on or render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease, provided that if any such shortages, failures, variations or interruptions result in the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights Premises or a portion thereof being untenantable for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, more than seventy-two (272) 27 kV feeder(s) consecutive hours, Base Rent and additional Rent shall thereafter xxxxx in proportion to the untenantable portion of the Premises and for light and power, which so long as such portion remains untenantable. Landlord in no event shall be owned liable for damages by Power Authority from reason of loss of profits, business interruption or other consequential damages. Landlord shall have the Y connection of exclusive right 1) to choose the Con Edison System company or companies to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery electrical service to the Power Authority under Con Edison’s Delivery Service Rate ScheduleProperty and the Premises, PASNY No. 2) to aggregate the electrical service for the Property and the Premises with other buildings or properties, 3) to purchase electrical service through an agent, broker or buyer's group, and 4, as it may be revised ) to change the electrical service provider or superseded manner of purchasing electrical service from time to time. The charges Landlord shall be entitled to receive a reasonable fee (over and above any management fees or other fees) for the Con Edison delivery services referenced herein Landlord performs in connection with the selection of utility companies and the administration and negotiation of contracts for the provision of electrical service, but in no event will such fee plus the cost of electrical service exceed that which Tenant would otherwise have paid if the service supplier had not changed. Landlord shall be based on quantities of electricity that are delivered to the Facility furnish and that are metered install at the revenue meters. All such utility/services facilities shall be owned by the Power Authority Tenant's expense all replacement lighting tubes, lamps, bulbs, and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment ballasts required in the Astoria Annex SubstationPremises. Landlord reserves the right to stop any service or utility system, (iii) its own revenue/electric meter for when necessary by reason of accident or emergency, or until necessary repairs have been completed, provided, however, that in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the PURS cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred will use reasonable efforts to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible avoid unnecessary inconvenience to pay for any and all such services directly to the provider of such servicesTenant by reason thereof.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall(a) Landlord and/or Sublessor agree, subject without charge except as provided herein, and in accordance with standards reasonably established from time to time prevailing for office buildings in the Metropolitan Detroit Area, to furnish water to the terms Building for use in lavatories and conditions of a separate License Agreement and/or amendment drinking fountains (and to the Easement GrantPremises if the plans for the Premises so provide); during the hours from 8:00 a.m. to 6:00 p.m. on Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, (excluding holidays) to furnish such heated or cooled air to the Premises as may, in a form acceptable to Con Edison in its sole discretionthe judgment of Sublessor, allow be reasonably required for the Power Authority to comfortable use and occupy certain land at occupancy of the Con Edison Lands, Premises provided that Sublessee complies with the recommendations of Landlord’s engineer regarding occupancy and use of the Premises; to provide janitorial services for the Premises (including such interior and exterior window washing as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, may be determined by Landlord but no less frequently than two (2) 27 kV feeder(stimes per year), such janitorial services to be provided after 6:00 p.m. five (5) days a week or Monday through Friday (excluding legal holidays); during ordinary business hours to cause electric current to be supplied for light and power, which shall be owned by Power Authority from lighting the Y connection public portions of the Con Edison System Building or Building Complex; and to furnish such snow removal services to the Astoria Annex SubstationBuilding Complex as may, power supply from in the Power Authority’s transformers judgment of Sublessor, be reasonably required for safe access to the PURS, Building Complex.
(b) Sublessee hereby agrees to pay all charges with respect to electrical services furnished to or used within the Premises. It is acknowledged and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity agreed that there are delivered to the Facility and that are metered appropriate meters at the revenue metersPremises for measuring Sublessee’s consumption of electricity. All such utility/services facilities Sublessee shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, either (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of the electric utility, or (ii) if electricity is provided by Landlord pay all such charges for electricity within ten (10) days after the date of submission of a monthly statement to Sublessee by Sublessor. Charges for electricity shall be at the same rates, terms and conditions as rates, terms and conditions for comparable services from The Detroit Edison Company (or its successor in interest to providing such public utility to the Building).
(c) If Sublessee requires water in excess of that usually furnished or supplied for use in the Premises as general office space, Sublessee shall first procure the consent of Sublessor for the use thereof, and Sublessor will attempt to procure consent from Landlord for Sublessee’s proposed increased use. Sublessee agrees to pay to Sublessor such amounts as Sublessor reasonably determines are necessary to cover the costs of such increased use of water, including any cost incurred in connection with the installation of a meter required to measure such use.
(d) Sublessee agrees that Sublessor shall not be liable for failure to supply any heating, air conditioning, elevator, electrical, janitorial, lighting or other services during any period when Landlord uses reasonable diligence to supply such services, or during any period Landlord is required to reduce or curtail such services pursuant to any applicable laws, rules or regulations, now or hereafter in force or effect, it being understood that Landlord may discontinue, reduce or curtail such services, or any of them (either temporarily or permanently), at such times as it may be necessary by reason of accident, unavailability of employees, repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and regulations, or due to any other happening beyond the control of Landlord. In the event of any such interruption, reduction or discontinuance of Landlord’s services (either temporary or permanent), Sublessor shall not be liable for damages to persons or property as a result thereof, nor shall the occurrence of any such event in any way be construed as an eviction of Sublessee or cause or permit an abatement, reduction or setoff of rent, or operate to release Sublessee from any of Sublessee’s obligations hereunder.
(e) Whenever heat generating machines or equipment are used by Sublessee 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 in the event Landlord’s independent consulting engineer determines same are reasonably necessary as a result of Tenant’s use of lights or equipment which generate heat loads in excess of those for which the HVAC system is designed and the cost therefor, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord.
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Services and Utilities. 5.1 Con Edison shall14.1 So long as Tenant is not in Default, subject Landlord will furnish or cause to be furnished on a continuous basis electricity for normal business usage. Tenant's use of electricity in the terms and conditions of a separate License Agreement and/or amendment to Premises may not at any time exceed the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection capacity of the Con Edison System electrical conductors and equipment serving the Premises. Landlord reserves the right to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its the Tenant's sole cost and expensecost, check meters, which will be utilized to determine the amount Tenant will reimburse Landlord for Tenant's excess usage. Without Landlord's prior written consent, Tenant may not: (i) its own water meter at connect heating or air-conditioning equipment; special lighting in excess of building standard specifications or any other item of electrical equipment that consumes more than permitted by, the Astoria Annex Substation, building standard specifications or (ii) its own revenue/make any alteration or addition to the electric meters for equipment in system of the Astoria Annex SubstationPremises. If Landlord grants such consent, (iii) its own revenue/electric meter for the PURS and Pressurization Plants Landlord will provide at the Power Authority Property associated with Q35L & Q35M Transmission Lines cost to Landlord plus Landlord's overhead charge of ten percent (10%) of the cost, which cost Tenant shall pay to Landlord on demand, additional risers or other required equipment. In addition, Landlord may increase the Base Rent by an amount reflecting the estimated additional capacity of such risers or other equipment. Notwithstanding, Landlord may require Tenant to install separate meters, at Tenant's sole cost, and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services utilities directly to the provider utility company.
14.2 So long as Tenant is not in Default, Landlord will furnish or cause to be furnished to the Premises Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 1:00 p.m. (but, not on Sunday, legal holidays or days Landlord designates for holiday observance) heat or air-conditioning (depending upon the season) at reasonable temperatures as determined by Landlord to provide reasonably comfortable occupancy of such servicesthe Premises under Normal Business Conditions (defined below) (excepting any areas that develop excessive heat from machines, lights, sun, overcrowding or other sources). "Normal Business Conditions" (herein so called) for maintaining reasonably comfortable temperatures are:
(a) One person per 250 square feet average occupancy per floor:
(b) Two and One Half (2 1/2) wattx xxx square foot for Tenant lighting and power use average per floor; and
(c) Light-colored blinds, fully drawn and slats at a 45 degree angle coincident with peak sun lead or equivalent solar barrier.
Appears in 1 contract
Samples: Lease Agreement (Careerbuilder Inc)
Services and Utilities. 5.1 Con Edison shall14.1 From and after the Lease Commencement Date, subject Landlord will provide to the terms Premises: air‑conditioning and conditions of heating during the seasons they are required in order to maintain a separate License Agreement and/or amendment to comfortable environment in the Easement GrantPremises in Landlord's reasonable judgment, provided the population density in a form acceptable to Con Edison particular area of the Premises does not exceed 4 people per 1,000 square feet and electrical usage does not exceed 5 xxxxx per square foot (and it being understood that Tenant shall be responsible for supplemental cooling that may be necessary for Tenant's computer, phone, and other equipment); janitorial service on Monday through Friday (or, at Landlord's option, Sunday through Thursday) only (excluding Holidays) substantially in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as accordance with Exhibit E, as required access to permit subsurface and/or aerial rights electric power from the utility provider for telecommunications facilitiesTenant's use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, including phone lines except in the event of an emergency); landscaping and communication linessnow removal during the seasons they are required; and exterior window‑cleaning service. If Tenant requires air‑conditioning or heat beyond the Building Hours, water linesthen Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for potable water protection, two (2) 27 kV feeder(s) extra service needed on Saturday or Sunday). Tenant shall pay for light and powersuch extra service in accordance with Landlord's then‑current schedule, which shall be owned reflect Landlord's cost of providing such service (including a reasonable activation fee but without a profit increment). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Power Authority Landlord to the Premises directly from the Y connection supplier (which Tenant shall not be permitted to do without Landlord's prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty‑four (24) hours per day each day of the Con Edison System year (except in the event of an emergency). Landlord may provide a card key (or similar type of) access system to provide access to the Astoria Annex Substation, power supply from Building and the Power Authority’s transformers Parking Facility at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Tenant's cost. Tenant shall also be responsible for the cost of replacement cards. Such access cards shall be issued by Landlord to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity specific individuals that are delivered designated by Tenant. Tenant shall not permit anyone, except for Tenant's employees, permitted subtenants and assigns and authorized guests, to enter the Facility and that are metered Building at times other than the revenue metersBuilding Hours. All such utility/services facilities shall persons entering or exiting the Building at times other than the Building Hours shall, at Landlord's discretion, be owned by the Power Authority required to sign in and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementout.
5.2 Prior to the O&M Commencement Date, the Power Authority shall 14.2 Landlord may install, at Landlord's expense, checkmeters to electrical circuits serving Tenant's equipment to verify that Tenant is not consuming excessive electricity (as defined below). If such checkmeters indicate that Tenant's electricity consumption is excessive beyond the capacity required to be provided by Landlord hereunder, Landlord may install at Tenant's expense submeters to ascertain Tenant's actual electricity consumption, and Tenant shall thereafter pay for such excess consumption at the then‑current rates charged by the electric service provider selected and used by Landlord (or, at Landlord's sole option, Tenant shall thereafter pay for Tenant's entire consumption at such rates, with Landlord making an appropriate adjustment to Operating Charges on account thereof).
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Intentionally deleted.
14.5 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord's failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole cost and expenseexclusive remedy, (i) its own water meter at to an abatement of the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter Base Rent payable hereunder for the PURS period beginning on the day after such five (5) business day period ends and Pressurization Plants at continuing until the Power Authority Property associated with Q35L & Q35M Transmission Lines earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (ivb) at other locations Landlord shall use reasonable efforts to restore such failure or inability so long as Con Edison reasonably requests for the Facility. On such failure or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred inability is within Landlord's reasonable control to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicescorrect.
Appears in 1 contract
Samples: Office Lease Agreement (Wells Real Estate Fund Xi L P)
Services and Utilities. 5.1 Con Edison shall(a) Landlord will furnish to the Premises during the normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the standards generally applicable to Class A suburban office buildings in the Market Area: char and janitorial service, electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Phase II Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(b) Tenant, for so long as it is the sole lessee of the Building, upon not less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the "Assumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to perform janitorial and char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord's notice, Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant to terminate the provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a different provider of such Assumed Service. Landlord shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for a period of thirty (30) days after Landlord has given notice to Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the provider of the Assumed Service commences curative action within such thirty (30) day period and proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, but subject to the provisions of Section 14.6 below, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), then all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant's failure to timely pay for any electricity that is billed directly to Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a Suspension Event and shall not entitle Tenant to any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
(a) Landlord shall enter into a management agreement in form and substance approved by Tenant (the "MANAGEMENT AGREEMENT") with an entity designated by Landlord ("MANAGER"), subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed; provided, however that Tenant's approval of the terms and conditions of a separate License the Management Agreement and/or amendment to and the Easement Grant, Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in a the form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit EF. If the Management Agreement is with a third party, as required the Management Agreement shall contain a provision permitting Landlord to permit subsurface and/or aerial rights for telecommunications facilitiesterminate the Management Agreement without liability on the part of Landlord or Tenant upon thirty (30) days prior notice to Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord agrees not to cancel, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and poweramend or extend the Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with a third party without Tenant's approval, which shall not be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substationunreasonably withheld, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesconditioned or delayed. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions For purposes of this Composite Agreement.
5.2 Prior to the O&M Commencement DateSection 13.3, the Power Authority an "AFFILIATE OF LANDLORD" shall installmean any corporation, at its sole cost and expenseassociation, trust, partnership, limited liability company, joint venture or other entity (i) its own water meter at the Astoria Annex Substation, which Controls (as herein defined) Landlord or (ii) its own revenue/electric meters for equipment in which is under the Astoria Annex Substation, Control of Landlord through stock ownership or otherwise or (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated which is under common Control with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con EdisonLandlord. The Power Authority terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall establish accounts for any services/utilitiesmean the power to directly or indirectly influence the direction, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all management or policies of Landlord or such services directly to the provider of such servicesother entity.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallSection 7.01 Landlord shall provide the following facilities and services to Tenant as part of Landlord’s Operating Costs (except as otherwise provided herein):
A. Electricity serving the Leased Premises for normal lighting purposes and the operation of ordinary office equipment, subject to Section 7.03, below;
B. Normal and usual cleaning and char services after Building Hours each day except on Saturdays, Sundays and legal holidays recognized by the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached United States Government. Attached hereto as Exhibit EM are the cleaning specifications currently applicable to the Building, as required which are subject to permit subsurface and/or aerial rights change from time to time in Landlord’s sole (but good faith) discretion; provided, however, if Landlord changes such cleaning specifications, such new cleaning specifications must be comparable to the cleaning specifications that are normally and customarily used for telecommunications facilitiescomparable first-class office buildings in the Xxxxxxxxxx County, Maryland area;
C. Rest room facilities and necessary lavatory supplies, including phone lines hot and communication linescold running water at the points of supply, water linestoilet tissue and paper towels as provided for the general use of all tenants in the Building and routine maintenance, painting, and electric lighting service for potable water protectionall Common Areas of the Building in such manner as Landlord deems reasonable;
D. During Building Hours (i.e., a total of 54 hours a week during non-holiday weeks), central heating and air conditioning during the seasons of the year when these services are normally and usually furnished based upon standard electrical energy requirements of 5 xxxxx per square foot and a human occupancy of not more than one person for each 150 square feet of rentable area of the Leased Premises. After-hours HVAC (i.e., anytime other than Building Hours) shall be provide upon Tenant’s request at a cost equal to Landlord’s reasonable estimate of the cost of utilities, maintenance and depreciation in connection with such service plus a 15% administrative fee. The Landlord will modify the HVAC controls so that (a) the individual package units can be run independently, such that any one (or more) of the package units may be turned on without the necessity of turning all of the units on and (b) the Tenant will have the ability to turn on the after hours HVAC with a switch in the Leased Premises. Regarding the two HVAC units exclusively serving the second (22nd) 27 kV feeder(sfloor, since these HVAC units will be modified to run independently, the Landlord will provide HVAC services to the second (2nd) floor of the Leased Premises for light up to 54 hours per week (less 10 hours per holiday day occurring during any such week) at times and powerdays of the week selected by Tenant, which time/days may change from time to time (Tenant must give Landlord minimum 48 hours advance notice for any changes to the schedule). Any hours in excess of 54 hours for any week will be deemed after hours HVAC use, the charge for which shall be owned by Power Authority from as set forth above. Regarding the Y connection third HVAC unit, which serves both the 2nd and 3rd floors, Tenant shall have use of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain third HVAC unit during Building Hours and pay for unbundled delivery any use of the unit after- hours;
E. Elevator service by means of automatically operated elevators at least during the Building Hours. Landlord shall have the right to remove elevators from Con Edisonservice as the same shall be required for moving freight or for servicing or maintaining the elevators and/or the Building; provided, however, that at least one elevator will remain in service 24 hours per day, 365 days per year, subject to compliance with Landlord’s reasonable rules and regulations concerning after Building Hours and weekend access. Con Edison Tenant shall provide the unbundled delivery service have access to the Power Authority under Con Edison’s Delivery Service Rate ScheduleLeased Premises 24 hours per day, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.365 days per year;
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallLandlord agrees to furnish the Premises during reasonable office hours, 6:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 PM on Saturday, while Tenant is not in default under any of the provisions of this Lease and subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection regulations of the Con Edison System to Building wherein the Astoria Annex SubstationPremises are situated, power supply from the Power Authority’s transformers to the PURSwith: heat and air conditioning during normal business hours, normal water and electric current for lighting and ordinary business appliances, such as computers, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light such other appliances and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity equipment that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment do not result in an overload in the Astoria Annex Substationelectrical system, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible Tenant agrees to pay for all other services supplied to said Premises not hereinbefore in this Paragraph enumerated. In the event Tenant should consistently require electricity in excess of normal business hours, Tenant shall reimburse Landlord for such excessive electricity usage at the rate of Landlord's estimated hourly cost. Landlord may install such energy conservation devices, as Landlord deems necessary including, without limitation, thermostat cover locks and air conditioning timers. Landlord, however, shall not be liable for failure to furnish any of the services specified in this Paragraph when such failure is caused by conditions beyond the control of Landlord, Landlord's contractors, agents, employees, servants, or invitees, or by accidents, repairs or strikes, nor shall such failure constitute an eviction; nor shall Landlord be liable except in the event of Landlord's, Landlord's contractors, agents, employees, servants, or invitees negligence for loss of or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of the foregoing. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation electronic data processing machines, punch card machines and using current in excess of 110 volts (note-the electrical service within the building can accommodate 480 volts/277-three phase service.) which will increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space. If Tenant shall require water or electric current in excess of that usually furnished for use of the Premises as general medical office space, Tenant shall first procure the consent of Landlord to the use thereof and Landlord may cause a water meter or electric current meter to be installed in the Premises so as to measure the amount of water and electric current consumed for any such other use. The cost of such meters and installation, maintenance, and repair thereof shall be paid for by Tenant and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services directly to by the provider City of such services.Tucson or the local public utility, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current consumed. August 10, 2006 Landlord JCO Tenant GC
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall(a) Landlord will furnish to the Premises during the normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the standards generally applicable to Class A suburban office buildings in the Market Area: char and janitorial service, electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including Lighting fixtures and bulb replacements, hot and cold water supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(b) Tenant, for so long as it is the sole lessee of the Building, upon not less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the "Assumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to perform janitorial and char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord's notice, Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant to terminate the provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a different provider of such Assumed Service. Landlord shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for a period of thirty (30) days after Landlord has given notice to Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the provider of the Assumed Service commences curative action within such thirty (30) day period arid proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, but subject to the provisions of Section 14.6 below, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), then all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant's failure to timely pay for any electricity that is billed directly to Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a Suspension Event and shall not entitle Tenant to any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
(a) Landlord shall enter into a management agreement in form an substance approved by Tenant (the "MANAGEMENT AGREEMENT") with an entity designated by Landlord ("MANAGER"), subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed; provided, however that Tenant's approval of the terms and conditions of a separate License the Management Agreement and/or amendment to and the Easement Grant, Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in a the form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit EF. If the Management Agreement is with a third party' the Management Agreement shall contain a provision permitting Landlord to terminate the Management Agreement without liability on the part of Landlord or Tenant upon thirty (30) days prior notice to Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord agrees not to cancel, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and poweramend or extend the Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with a third party without Tenant's approval, which shall not be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substationunreasonably withheld, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesconditioned or delayed. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions For purposes of this Composite Agreement.
5.2 Prior to the O&M Commencement DateSection 13.3, the Power Authority an "AFFILIATE OF LANDLORD" shall installmean any corporation, at its sole cost and expenseassociation, trust, partnership, limited liability company, joint venture or other entity (i) its own water meter at the Astoria Annex Substation, which Controls (as herein defined) Landlord or (ii) its own revenue/electric meters for equipment in which is under the Astoria Annex Substation, Control of Landlord through stock ownership or otherwise or (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated which is under common Control with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con EdisonLandlord. The Power Authority terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall establish accounts for any services/utilitiesmean the power to directly or indirectly influence the direction, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all management or policies of Landlord or such services directly to the provider of such servicesother entity.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall15.1 Tenant shall contract for and pay directly when due, for all water, gas, heat, 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 an equitable proportion, as determined in good faith by Landlord, of all charges. All sums payable under this Paragraph 15 shall constitute Additional Rent under this Lease.
15.2 Tenant acknowledges that Tenant has inspected and accepts the water, electricity, and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, if any, as being sufficient in their present condition, “as is,” for the Permitted Use, and for Tenant’s intended operations in the Premises. Landlord shall have no obligation to provide electricity or any other services or utilities to the Premises. Tenant agrees to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the Premise’s electrical systems.
15.3 Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises that will require additions or alterations to or interfere with the Premises existing power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises. Tenant shall pay directly to Landlord upon demand the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish any additional resources, energy, utility or service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed. Except as specifically set forth below, Landlord shall in no case be liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or otherwise, or because of any interruption of service due to Tenant’s use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; or (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the diminution in the quality or quantity thereof, whether by Regulations or otherwise; or (e) any interruption in Tenant’s business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available under this Lease shall be subject to the terms and conditions limitations of a separate License Agreement and/or amendment to the Easement Grantany such voluntary, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesreasonable program. In obtaining addition, Landlord reserves the light and power for right to change the Facility, Power Authority shall obtain and pay for unbundled delivery supplier or provider of any such utility or service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges Landlord may, but shall not be obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered or with respect to the Facility Premises or Tenant’s operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On any supplier or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesservices designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises, including without limitation allowing Landlord and Landlord’s suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith.
Appears in 1 contract
Samples: Commercial Lease (Body & Mind Inc.)
Services and Utilities. 5.1 Con Edison shallTenant shall provide and pay for the following services and utilities:
(A) Electricity for standard office lighting fixtures, and equipment and accessories, of such type and in such quantities as are customary in Landlord’s reasonable opinion for normal general office use, where the connected electrical load of all of the same does not exceed such amount as maybe made available by Landlord, based on the judgment of Landlord’s engineers as to the safe and lawful capacity of the existing electrical circuit(s) and facilities serving the Premises.
(B) Heat and air-conditioning for occupancy of the Premises under normal business operations by a normal general office tenant, during Normal Business Hours (as defined in Article 25). Landlord shall not be responsible for inadequate air-conditioning or ventilation to the extent the same occurs because Tenant uses any item of equipment consuming more than 500 wxxxx at rated capacity without providing adequate air-conditioning and ventilation therefor.
(C) Water for drinking, lavatory and toilet purposes.
(D) Operatorless passenger elevator service (if the Property has such equipment serving the Premises), and subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors.
(E) Janitorial services in and about the Premises. Such janitorial services shall be at a standard at least equal to that of the janitorial services provided by reasonable landlords of office buildings comparable to the Building and shall include, without limitation, customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday. Tenant shall select and contract with a third party supplier of such janitorial services, which selection shall be subject to Landlord’s written approval, which approval Landlord shall not unreasonably withhold. Tenant shall indemnify Landlord for all damages, costs, losses, liability, legal fees and costs (including, without limitation, attorneys’ fees) and any other amounts resulting from any property damage, personal injury or death directly or indirectly arising from or related to (i) any act or omission by of such janitorial services or its employees, agents or contractors or (ii) the selection and engagement of such janitorial services by or on behalf of Tenant. If Tenant fails to cause the performance of the janitorial services required by this paragraph, Landlord, without limiting its rights or remedies under this Lease or under applicable law, shall have the right, but not the obligation, to undertake such janitorial services as it deems appropriate, and Tenant shall pay as Additional Rent hereunder the cost of such services undertaken by Landlord, along with Landlord’s related reasonable administrative and other charges, at the same time as the installment of Base Rent next coming due or, if earlier, within twenty (20) days after demand.
(F) Trash removal services. If for any reason any of the above utilities and services cannot be, or are not, provided directly to Tenant, then Landlord shall provide such services to Tenant, and Tenant shall pay as Additional Rent hereunder the cost of such services undertaken by Landlord, along with Landlord’s related reasonable administrative and other charges, at the same time as the installment of Base Rent next coming due or, if earlier, within twenty (20) days after demand. Landlord may install and operate meters and/or any other reasonable systems for monitoring or estimating or for supplying any services or utilities used by Tenant in excess of those deemed customary by Landlord (including a system for Landlord’s engineer to reasonably estimate any such excess usage). If any of such systems indicate in Landlord’s reasonable opinion that Tenant has used such excess services or utilities, then Landlord may require Tenant to pay Landlord’s reasonable charges for installing and operating any of such systems and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications or increased wear and tear to the existing Systems and Equipment) and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord’s reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof, or (subject to the terms and conditions provisions of a separate License Agreement and/or amendment paragraph 9 (B)) render Landlord liable to the Easement GrantTenant for abatement of Rent, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which no event shall be owned liable for damages by Power Authority from the Y connection reason of the Con Edison System to the Astoria Annex Substationloss of profits, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised business interruption or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementother consequential damages.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Office Lease (NGTV)
Services and Utilities. 5.1 Con Edison shall, subject to Landlord shall provide the terms following services and conditions utilities (the cost of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned included in Operating Expenses unless otherwise stated herein):
(A) Electricity used by Power Authority from Tenant in the Y connection Premises for standard lights and outlets shall be paid by Tenant through inclusion in Operating Expenses (except as provided in Section 5(F) with respect to excess usage by Tenant). Landlord shall permit Tenant to receive such electrical service for standard office lighting fixtures, equipment and accessories through Landlord's wires and conduits based on the safe and lawful capacity of the Con Edison System existing electrical circuit(s) and facilities serving the Premises, provided the safe and lawful capacity of the existing electrical circuit(s) serving the Premises is not exceeded. Electrical service to the Astoria Annex SubstationPremises may be furnished by one or more companies providing electrical generation, power supply from the Power Authority’s transformers to the PURStransmission and distribution services, and the extension cost of dielectric oil cooling lines electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the Q35L & Q35M Transmission Lines. In obtaining exclusive right (i) to choose the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall company or companies to provide the unbundled delivery electrical service to the Power Authority under Con Edison’s Delivery Service Rate ScheduleProperty and the Premises, PASNY No. 4(ii) to aggregate the electrical service for the Property and the Premises with other buildings or properties, as it may be revised (iii) to purchase electrical service through an agent, broker or superseded buyer's group, and (iv) to change the electrical service provider or manner of purchasing electrical service from time to time. The charges Tenant shall be responsible for the Con Edison delivery services referenced herein payment of the cost of all modifications to the existing electrical circuit(s) and facilities serving the Premises for Tenant’s special needs, including electricity used for the operation of any special air conditioning systems which may be required for data processing or computer equipment or other special equipment or machinery installed by Tenant.
(B) Heat and air-conditioning at such temperatures and in such amounts as are standard for comparable buildings in the vicinity of the Building from 8:00 a.m. until 6:00 p.m. Monday through Friday and, upon request 8:00 a.m. until 1:00 p.m. on Saturday, except on Holidays. "Holidays" shall mean all federally observed holidays, including New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. If in the case of any specific holiday mentioned in the preceding sentence, a different day shall be based observed than the respective day mentioned, then that day which constitutes the day observed by national banks in Atlanta, Georgia on quantities account of electricity that are delivered said holiday shall constitute the Holiday under this Lease. Landlord shall not be responsible for inadequate air-conditioning or ventilation to the Facility extent the same occurs because Tenant's use of power exceeds five (5) xxxxx per square foot without providing adequate air-conditioning and that are metered at ventilation therefor or if the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions number of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment individuals in the Astoria Annex SubstationPremises exceeds one (1) individual per one 312.50 rentable square feet. At Tenant’s request, (iii) its own revenue/electric meter for the PURS and Pressurization Plants which request must be received by Landlord at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.least one
Appears in 1 contract
Samples: Office Lease
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Subject to Tenant's obligations specified in this Lease:
(a) Landlord will furnish to the terms Premises air-conditioning and heating during the seasons they are commercially reasonably required (and Tenant shall pay the costs of the electricity therefor pursuant to Section 14.4 below); and (b) Landlord will provide janitorial service on Monday through Friday (or, at Landlord's option, Sunday through Thursday) only (excluding legal public holidays), water for lavatory and drinking purposes, elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency), and exterior window-cleaning service. Landlord covenants that, except during periods of repair and force majeure conditions and events, the base building HVAC system shall operate within the manufacturer's specified range of a separate License Agreement and/or amendment design specifications (to be calculated based on the amount of heat energy introduced into or removed from the Premises, and not based on the actual temperature in the Premises); provided, however, that Landlord shall not be liable for any failure to maintain comfortable atmosphere conditions in all or any portion of the Premises due to excessive heat generated by any equipment or machinery installed by Tenant (with or without Landlord's consent), due to any impact that Tenant's furniture, equipment, machinery or millwork may have upon the delivery of HVAC to the Easement GrantPremises or due to the occupancy load (collectively, the "External Factors"). Notwithstanding anything above to the contrary, Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in a form acceptable the event of an emergency).
14.2 [Intentionally omitted].
14.3 Tenant shall reimburse Landlord for the cost of any excess water and sewer usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any billing period over the average usage (per square foot of rentable area) during the same period for buildings comparable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison LandsBuilding, as preliminarily shown reasonably calculated by Landlord. With respect to any building standard HVAC system installed after the date hereof, (a) Tenant shall reimburse Landlord for the costs of any excess usage of the building standard HVAC system; (b) excess usage of the building standard HVAC system shall mean the operation of such system more than sixty-six (66) hours per week (excluding any operation of such system outside of Building Hours to the extent necessary to maintain non-Building Hour temperatures customary for buildings comparable to the Building); and (c) the costs of such excess usage shall be deemed to be the accelerated depreciation of such system based on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which excess usage thereof. The depreciation of such system shall be owned reasonably determined by Power Authority from the Y connection of the Con Edison System Landlord. If Tenant disagrees with such schedule, then Landlord shall select a reputable, independent engineer to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURSdetermine such depreciation schedule, and the extension findings of dielectric oil cooling lines such engineer shall be determinative. The costs of any such engineer shall be divided equally between Landlord and Tenant.
14.4 Tenant shall timely pay directly to the appropriate utility all charges for all electricity furnished to the Premises, as measured by the meter located at the Building. Tenant shall be responsible, at its expense, for depositing with such utility all bonds required for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery provision of electrical service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded Premises and direct billing to Tenant from time to time. The charges for and after the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Lease Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substationabsence of any bond deposited by Landlord being held by such utility.
14.5 If any utility or service is interrupted for any reason and such interruption shall continue for more than three (3) consecutive business days after written notice of such interruption to Landlord, (iii) its own revenue/electric meter and if such interruption or failure shall render any portion of the Premises unusable for the PURS normal conduct of Tenant's business, and Pressurization Plants at if Tenant in fact does not use or occupy such portion of the Power Authority Property associated Premises during the period of such interruption, then all Base Rent and additional rent payable hereunder with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests respect to such unusable portion of the Premises shall be abated for the Facilityperiod beginning on the fourth (4th) consecutive business day after such notice and such rental abatement shall continue until such portion of the Premises is tenantable again or Tenant recommences use or occupancy of such portion of the Premises, whichever occurs first. On or before Notwithstanding any other provision of this Lease to the O&M Commencement Datecontrary, ownership the provisions of all such revenue meters this Section 14.5 shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified Tenant's exclusive remedy in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider event of such servicesan interruption of a utility or service that is outside of Landlord's reasonable control.
Appears in 1 contract
Samples: Office Lease Agreement (Netrix Corp)
Services and Utilities. 5.1 Con Edison shallSo long as Tenant is not in an Event of Default under this Lease, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison Landlord shall provide the unbundled delivery following facilities and services to Tenant:
a. At least one elevator (if the building contains an elevator) subject to call at all times, including Sundays and holidays.
b. During “normal business hours” as hereinafter defined, central heating and air conditioning when necessary for normal comfort for the Permitted Use in the Premises and in a manner substantially consistent with that provided by other landlords comparable office buildings in the immediate vicinity of the Building Project (“Comparable Buildings”) such that temperatures in the Premises are in no event more or less than 72 degrees (72°) Fahrenheit +/- 2 degrees. For the purposes of this paragraph b, the term “normal business hours” shall mean the periods from 6:00 a.m. until 7:00 p.m. on business days and from 8:00 a.m. until 1:00 p.m. on Saturdays. Landlord shall provide the aforesaid services at other times, at Tenant’s expense, provided Tenant gives Landlord notice by 4:00 p.m. on weekdays for after-hour service on the next weekday, by 4:00 p.m. the day before a holiday for service on a holiday, and by 4:00 p.m. on Friday for after-hour service on Saturday or service on Sunday; provided, however, that Landlord will use good faith efforts to provide such after-hours HVAC if Tenant’s notice is provided after 4:00 p.m. (but Landlord shall not be liable for failure to provide such HVAC on account of such late notice). Such after-hour, holiday or special weekend service shall be charged to Tenant at rates to be calculated by Landlord based on Landlord’s actual costs, which rates shall be given to Tenant on request. Landlord reserves the Power Authority under Con Edison’s Delivery Service Rate Scheduleright to adjust, PASNY No. 4, as it may be revised or superseded from time to time, the rate at which such services shall be provided corresponding to adjustments in Landlord’s actual costs. The charges Tenant shall pay for such service, as Additional Rent, within thirty (30) days of Tenant’s receipt of a written invoice with respect thereto. For purposes of this Lease, “actual cost” shall mean the actual cost incurred by Landlord, as reasonably determined by Landlord, without charge for profit, overhead or administration, provided that, notwithstanding the foregoing, any amount actually charged by any unrelated third party to Landlord for the Con Edison delivery services referenced herein supply of such utilities shall be based on quantities deemed Landlord’s “actual cost”.
c. Reasonable amounts of electricity that are delivered electric current for lighting and normal and customary items of office equipment (subject to the Facility provisions of Section 12 below).
d. in a manner consistent with Comparable Buildings, janitorial services five (5) days per week, except the date of observation of federal holidays, in and that are metered at about the revenue meters. All such utility/services facilities shall be owned by the Power Authority Premises and shall be maintained by Con Edison window washing services, all pursuant to the terms specifications attached hereto as Schedule B and conditions incorporated herein by this reference. Landlord shall also clean Tenant’s bathrooms within the Premises no less than once per day and, in addition, shall, no less than once a day, have the bathroom counters wiped down and have all paper products replenished (to the extent necessary). Notwithstanding anything to the contrary in Schedule B attached hereto, the quality of this Composite Agreementall services to be provided set forth on Schedule B shall be provided in a manner consistent with Comparable Buildings.
5.2 Prior e. Replacement of light tubes or bulbs for building standard lighting fixtures. All light tube or bulb replacements for special non-standard lighting fixtures shall be furnished and installed by Landlord at Tenant’s expense.
f. Restroom facilities and necessary lavatory supplies, including hot and cold running water at the points of supply, as provided for general use of all tenants in the Building and routine maintenance, painting, and electric lighting service for all public areas of the Building in such manner as Landlord deems reasonable and in a manner consistent with Comparable Buildings. Except as expressly set forth herein, any failure by Landlord to furnish the foregoing services, resulting from circumstances beyond Landlord’s reasonable control or from interruption of such services due to repairs or maintenance, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rent hereunder, nor relieve Tenant from any of its obligations hereunder. If any public utility or governmental body shall require Landlord or Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, Landlord and Tenant shall comply with such requirements, whether or not the utilities and services referred to in this Section 11 are thereby reduced or otherwise affected, without any liability on the part of Landlord to Tenant or any other person or any reduction or adjustment in rent payable hereunder. Subject to the O&M Commencement Dateterms of Section 30, Landlord and its agents shall be permitted reasonable access to the Premises for the purpose of installing and servicing systems within the Premises deemed necessary by Landlord to provide the services and utilities referred to in this Section 11 to Tenant and other tenants in the Building. Notwithstanding the foregoing or anything to the contrary herein, in the event that Tenant is prevented from using, and does not use, the Power Authority shall installPremises or any material portion thereof, at its sole cost and expense, as a result of (i) its own water meter at any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, after the Astoria Annex SubstationLease Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, Building Project, Premises or the Parking Facilities; (ii) its own revenue/electric meters for equipment in any failure to provide services, utilities or ingress to and egress from the Astoria Annex SubstationBuilding, Building Project or Premises as required by this Lease; or (iii) the presence of Hazardous Materials (not brought on the Premises by Tenant) in violation of Environmental Laws which pose a material health risk to the environment or the Premises (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days (including Saturday) after Landlord’s receipt of any such notice, or occurs for ten (10) non-consecutive business days in a twelve (12) month period (provided Landlord is sent a notice of each of such Abatement Event) (in either of such events, the “Eligibility Period”), then the Annual Basic Rent and charges for Tenant’s parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after the expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use (“Unusable Area”), bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, the Unusable Area for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its own revenue/electric meter business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Annual Basic Rent and charges for Tenant’s parking passes (to the extent not utilized by Tenant) for the PURS entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and Pressurization Plants at does not use, the Power Authority Property associated with Q35L & Q35M Transmission Lines and Premises. In addition, if Landlord has not cured such Abatement Event within one hundred eighty (iv180) at other locations days after receipt of notice from Tenant (or, in the event that the Premises or the Building are rendered inaccessible to Tenant by a casualty or act of Landlord, one hundred eighty (180) days following the date of Landlord’s actual knowledge of the occurrence of the Abatement Event), Tenant shall have the right to terminate this Lease until such time as Con Edison reasonably requests for Landlord has cured the FacilityAbatement Event, which right may be exercised only by delivery of a written notice to Landlord. On or before Landlord reserves the O&M Commencement Dateright to charge Tenant the reasonable cost, ownership based on usage, of the removal of all such revenue meters shall be transferred trash and the reasonable cost of water/sewerage or electric service to Con Edison. The Power Authority shall establish accounts for any servicesthe extent Tenant’s trash disposal, water/utilities, including services, specified in Section 5.1 as applicablesewerage and/or electrical usage exceeds, in its own name. The Power Authority shall be solely responsible Landlord’s reasonable opinion, normal usage for an office tenant as compared to pay for any and all such services directly to tenants of comparable buildings in the provider immediate vicinity of such servicesthe Building Project.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall(a) Landlord shall provide the following services and utilities (the cost of which shall be included in Operating Expenses) as long as Tenant is not in Default (as hereinafter defined) under any of the covenants of this Lease:
(i) In the Tower Premises only, subject to heat and air-cooling for occupancy of the terms and conditions of a separate License Agreement and/or amendment to Premises under normal business operations in accordance with the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, HVAC Specifications attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority B-1 from the Y connection hours of the Con Edison System 8:00 a.m. until 6:00 p.m. Monday through Friday and 8:00 a.m. until 1:00 p.m. Saturday, except on Holidays (as defined in Article 25). Landlord shall not be responsible for inadequate air-cooling or ventilation to the Astoria Annex Substationextent the same occurs because Tenant uses any item of equipment consuming more than 500 wattx xx rated capacity without providing adequate air-conditioning and ventilation therefor. Provided Tenant has submitted HVAC equipment specifications to Landlord and provided Landlord has approved same prior to its installation, power supply from Tenant shall have the Power Authority’s transformers right to the PURS, control Tenant-installed heat and the extension of dielectric oil air cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementAnnex Premises.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters Domestic water for equipment in drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Astoria Annex Substation, Property. Tenant shall pay Landlord as additional rent at rates fixed by Landlord for domestic water and hot water furnished for any other purpose.
(iii) its own revenue/electric meter Office cleaning, and trash removal service Monday through Friday or Sunday through Thursday in and about the Premises in accordance with Exhibit B attached hereto and made a part hereof. Tenant shall not provide or use any other janitor or cleaning service. Landlord may impose reasonable charges for any cleaning service performed by Landlord in the PURS Premises above or beyond the levels or quantities described in Exhibit B, and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and Tenant shall promptly pay such charges as additional rent hereunder.
(iv) Operatorless passenger elevator service and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors.
(b) Landlord and Tenant agree that Tenant shall submeter its Annex Premises at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement DateTenant's cost, ownership of and all such revenue meters electric costs shall be transferred paid for by the Tenant as additional rent paid to Con Edisonthe Landlord in an amount to be determined by Landlord, based upon the actual cost thereof of electric current consumption separately metered, plus an amount equal to fifteen percent (15%) of such cost as an overhead and supervision fee. The Power Authority shall establish accounts for any services/utilitiesPertaining to the Tower Premises only, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority no electric current shall be solely responsible used except that furnished or approved by Landlord, nor shall electric cable or wire be brought into the Leased Premises, except upon the written consent and approval of the Landlord, such approval not to pay for any be unreasonably withheld. Tenant shall use only office machines and all such services directly to equipment that operate on the provider of such servicesBuilding's standard electric circuits, but which in no event shall overload the Building's standard electric circuits from which the Tenant obtains electric current.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallLandlord shall use reasonable efforts to furnish (as part of the Operating Costs of the Project) Tenant, while Tenant occupies the Premises, the following services at levels commensurate with the general standards followed by landlords of first-class office buildings in Minneapolis, Minnesota:
(a) Hot and cold domestic water for restrooms and cold domestic water at those points of supply provided for general use of other tenants in the Project.
(b) During Normal Business Hours, and subject to curtailment as required by Legal Requirements, central heat and air conditioning in season, at such temperatures and in such amounts as are in keeping with the terms standards described in Exhibit F hereto and conditions otherwise in accordance with the standards of a first class office building. Landlord agrees to provide the Premises with heating and air conditioning during other than Normal Business Hours at Tenant's request. The charge for such after hours services initially shall be at the rate of $35.00 per hour (or partial hour), for the first floor or partial floor within the Building or Tower, and $5.00 per hour (or partial hour) for each additional floor or partial floor in the Building or Tower, which amounts may be increased by Landlord from time to time, but shall not be greater than the reasonable cost to Landlord in providing such after hours services (for purposes of computing the charge for after hours services, each floor in Tower and each floor in the Building shall be treated as separate License Agreement and/or amendment floors, so that if Tenant requests after hours services on a floor in the Tower and on the same floor in the Building, Tenant's request shall be treated as a request for two floors). Tenant shall be charged for a minimum of one hour of service in connection with each such request. Tenant shall give Landlord notice by telephone for the need for such heating and air conditioning during other than Normal Business Hours no later than noon of the business day with respect to services for the evening of such business day, and no later than noon of the immediately preceding business day with respect to services for Holidays or weekends.
(c) Routine electric lighting service for all public areas and special service areas of the Project.
(d) Janitor service on a five (5) day week basis (except for Holidays as described in Exhibit F hereto) which shall be provided after 9:00 p.m. and prior to 7:30 a.m. on Mondays through Fridays pursuant to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, cleaning specifications attached hereto as Exhibit EO; provided, however, if Tenant's floor coverings or other improvements cost more to clean than typical floor coverings or improvements, Tenant shall pay, as required additional rent, the additional costs, if any, attributable thereto. Landlord represents to permit subsurface and/or aerial rights Tenant that (i) its security service provider currently performs criminal background checks through the Minnesota Bureau of Criminal Apprehension and the Federal Bureau of Investigation for telecommunications facilitieseach of its security personnel servicing the Premises, and (ii) its janitorial service provider currently performs background checks through the Minnesota Bureau of Criminal Apprehension for its personnel servicing the Premises.
(e) Equipment and personnel to limit access to the Project after Normal Business Hours; provided, however, Landlord will provide Tenant with access to the Premises, twenty-four (24) hours a day, seven (7) days per week.
(f) Sufficient electrical capacity for (i) convenience outlets and equipment such as personal computers, photocopying machines and other machines of similar low voltage (120/208 volts) requirements; provided, however, total rated power consumption of 120/208 volt power shall not exceed two and one-quarter (2.25) xxxxx per square foot of Usable Area (as defined in Section 3.1); and (ii) fluorescent light fixtures and equipment of high voltage (277/480 volts) requirements; provided, however, total rated power consumption of 277/480 volt power shall not exceed three and four tenths (3.40) xxxxx per square foot of Usable Area. If any electrical, telephone switching or other equipment requires air conditioning or electrical usage in excess of the foregoing limitations or requires modifications to a base building electrical panel, the same shall be installed or performed at Tenant's expense and Tenant shall pay all operating costs relating thereto, including phone lines metering.
(g) All building standard fluorescent bulb replacement in all areas and communication linesall building standard incandescent bulb replacement in public areas, water linestoilet and rest room areas and stairwells, together with base building starters and ballasts as replacement is needed for potable water protection, two such lighting.
(2h) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery Non-exclusive passenger elevator service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, Premises twenty-four (24) hours per day and non-exclusive freight elevator service during Normal Business Hours.
(i) Base building telephone risers in accordance with Landlord's rules and regulations with respect to telephone service as it they may be revised or superseded exist from time to time. The Landlord shall have the right to impose reasonable charges for the Con Edison delivery services referenced herein shall be based on quantities use by third party telecommunications providers of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementBase building telephone risers.
5.2 Prior (j) Uniformed guards and/or equipment on a twenty-four (24) hour-per-day, seven (7) day-per-week basis to maintain security for the O&M Commencement Date, Project. To the Power Authority shall install, at its sole cost and expenseextent the services described in (a), (i) its own water meter at the Astoria Annex Substationb), (ii) its own revenue/electric meters for equipment in the Astoria Annex Substationc), (iiif) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (ivh) at other locations as Con Edison reasonably requests for the Facility. On require electricity, gas or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/water supplied by public utilities, including servicesLandlord's covenants thereunder shall only impose on Landlord the obligation to use its reasonable efforts to cause the applicable public utilities to furnish the same. Failure by Landlord to furnish the services described in this Section 14 to any extent, specified or any cessation thereof, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor, except as explicitly provided below, work an abatement of any Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Landlord agrees, however, to use diligent efforts to promptly repair any Base Building Systems and to restore any services described in this Section 5.1 as applicable, in its own name14 which are interrupted during Normal Business Hours. The Power Authority shall If any of the services to be solely responsible to pay for any and all such services directly to the provider of such services.provided by Landlord under this Section 14 are interrupted for:
Appears in 1 contract
Samples: Office Lease (Capella Education Co)
Services and Utilities. 5.1 Con Edison shall(a) Landlord will furnish to the Premises during the normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the standards generally applicable to Class A suburban office buildings in the Market Area: char and janitorial service, electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(b) Tenant, for so long as it is the sole lessee of the Building, upon not less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the "Assumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to perform janitorial and char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord's notice, Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant to terminate the provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a different provider of such Assumed Service. Landlord shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for a period of thirty (30) days after Landlord has given notice to Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the provider of the Assumed Service commences curative action within such thirty (30) day period and proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, but subject to the provisions of Section 14.6 below, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), then all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant's failure to timely pay for any electricity that is billed directly to Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a Suspension Event and shall not entitle Tenant to any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
(a) Landlord shall enter into a management agreement in form an substance approved by Tenant (the "MANAGEMENT AGREEMENT") with an entity designated by Landlord ("MANAGER"), subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed; provided, however that Tenant's approval of the terms and conditions of a separate License the Management Agreement and/or amendment to and the Easement Grant, Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in a the form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit EF. If the Management Agreement is with a third party, as required the Management Agreement shall contain a provision permitting Landlord to permit subsurface and/or aerial rights for telecommunications facilitiesterminate the Management Agreement without liability on the part of Landlord or Tenant upon thirty (30) days prior notice to Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord agrees not to cancel, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and poweramend or extend the Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with a third party without Tenant's approval, which shall not be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substationunreasonably withheld, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesconditioned or delayed. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions For purposes of this Composite Agreement.
5.2 Prior to the O&M Commencement DateSection 13.3, the Power Authority an "AFFILIATE OF LANDLORD" shall installmean any corporation, at its sole cost and expenseassociation, trust, partnership, limited liability company, joint venture or other entity (i) its own water meter at the Astoria Annex Substation, which Controls (as herein defined) Landlord or (ii) its own revenue/electric meters for equipment in which is under the Astoria Annex Substation, Control of Landlord through stock ownership or otherwise or (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated which is under common Control with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con EdisonLandlord. The Power Authority terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall establish accounts for any services/utilitiesmean the power to directly or indirectly influence the direction, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all management or policies of Landlord or such services directly to the provider of such servicesother entity.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall13.1 Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the common area; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required and (f) Landlord shall make provisions to bring electricity to a bus duct on the floor of the Premises in an amount equal to 1,000 amps @ 480V on or before the Commencement Date. Landlord also agrees that if additional power is required by Tenant, Landlord shall reasonably assist Tenant in procuring additional power internally in the Building by finding additional unused sources on other floors and in making the back-up generator power available pursuant to Section 38.6(i) in accordance with the terms and conditions of a separate License Agreement and/or amendment set forth in that provision. If pursuant to the Easement Grantforegoing sentence, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, Landlord determines that power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded is internally available from time to timetime due to a vacancy on a floor or otherwise, Landlord has a right to terminate this additional capacity from time to time upon reasonable notice, in order to accommodate occupancy of vacancies or the needs of other tenant. If commercially available capacity is not available internally, then Landlord shall reasonably assist Tenant in procuring additional commercial power from ComEd, provided that Tenant advises Landlord of the need for the same and can reasonably show that it requires the additional power. Tenant shall procure electrical services directly from ComEd and shall arrange to be billed directly by said utility. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The charges charge shall be at the pro rata rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to avoid and remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord’s requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord’s goals and minimize the interruption to Tenant’s use, possession and occupancy of the Premises for the Con Edison delivery purpose of conducting its business on a continuing basis. If the back-up capacity is not available to support Tenant’s requirements from ComEd or from the back-up generator on the Building through the Landlord, then Tenant shall have the right to install its own generator in the Designated Areas (as defined in Section 38.1 hereof), providing that Tenant pays Landlord for Landlord’s out of pocket expenses in using the risers, the fuel tanks, and any other fixtures, systems and equipment situated on the Building which would be necessary for Tenant to install and operate its own generator. Upon the installation of Tenant’s generator, Tenant shall have the right to move Tenant’s power requirements from the Building’s generator onto its own unit, provided that Tenant pays for the ancillary services referenced herein required to hook into the Building’s systems which are necessary to operate Tenant’s generator.
13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service.
13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to require Tenant to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be based paid by Tenant.
13.4 A water and electric current meter have been installed on quantities the Premises. If Tenant shall require water or electric current in excess of electricity that are delivered required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current to the Facility and that are metered at Premises. The cost of any additional installations or expense required or incurred as a result of the revenue meters. All such utility/services facilities increased capacity shall be owned paid for by the Power Authority and shall be maintained by Con Edison pursuant Tenant. Tenant agrees to the terms and conditions of this Composite Agreement.
5.2 Prior pay as additional rent to the O&M Commencement DateLandlord promptly upon demand therefor, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to by the provider local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of such servicesthe water and electric current so consumed.
Appears in 1 contract
Samples: Lease (Neutral Tandem Inc)
Services and Utilities. 5.1 Con Edison shall, (A) Provided Tenant shall not be in default under this Lease and subject to the terms other provisions of this Lease and conditions the Rules, Landlord shall provide the following services and utilities (the cost of a separate License Agreement and/or amendment which shall be included in Operating Expenses unless otherwise expressly stated herein):
1. Electricity for standard office lighting fixtures, and equipment and accessories customary for offices (up to 280 hours per month) where: (1) the Easement Grantconnected electrical load of all of the same does not exceed an average of 4 wattx xxx square foot of the Premises (or such lesser amount as may be available, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown based on the Surveysafe and lawful capacity of the existing electrical circuit(s) and facilities serving the Premises), attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(sthe electricity will be at nominal 120 volts, single phase (or 110 volts, depending on available service in the Building), and (3) for light the safe and power, which shall be owned by Power Authority from the Y connection lawful capacity of the Con Edison System existing electrical circuit(s) serving the Premises is not exceeded.
2. Heat and air-conditioning to provide a temperature required, in Landlord's reasonable opinion and in accordance with applicable Law, for occupancy of the Premises under normal business operations, from 8:00 a.m. until 6:00 p.m. Monday through Friday, except on Holidays (as defined in Article 26). Landlord shall not be responsible for inadequate air-conditioning or ventilation to the Astoria Annex Substationextent that same occurs because Tenant uses any item or items of equipment consuming more than 500 wattx at rated capacity without providing adequate air-conditioning and ventilation there for.
3. Water for drinking, power lavatory and toilet purposes at those points of supply from provided for nonexclusjve general use of other tenants at the Power Authority’s transformers to Property.
4. Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the PURSPremises.
5. Operatorless passenger elevator service (if the Property has such equipment serving the Premises) and freight elevator service (if the Property has such equipment serving the Premises, and subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors.
(B) Tenant shall cooperate fully with Landlord to conserve energy use in the extension Building and Tenant shall use its best efforts to reasonably minimize its use of dielectric oil cooling lines gas, electricity, water and other utilities and public services throughout the term hereof. Tenant agrees to cooperate with Landlord and to abide by all regulations and requirements which Landlord may prescribe for the Q35L & Q35M Transmission Lines. In obtaining proper functioning and protection of heating, ventilating, air-conditioning and other systems within the light and power for the FacilityBuilding.
(C) So long as Tenant is not in default under this Lease, Power Authority Landlord shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall seek to provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, such extra utilities or services as it Tenant may be revised or superseded from time to timetime request, if the same are reasonable and feasible for Landlord to provide and do not involve modifications or additions to the Property or existing Systems and Equipment (as defined in Article 26), and if Landlord shall receive Tenant's request within a reasonable period (but in any event no less than forty-eight hours) prior to the time such extra utilities or services are required. The Landlord may comply with written or oral requests by any officer or employee of Tenant, unless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to 3 for each floor on which the Premises are located) and procedures for written requests. Tenant shall, for such extra utilities or services, pay such charges as Landlord shall from time to time reasonably establish. All charges for the Con Edison delivery such extra utilities or services referenced herein shall be based on quantities due at the same time as the installment of electricity that Base Rent with which the same are delivered billed, or if billed separately, shall be due within twenty (20) days after such billing.
(D) Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord under this Article (including a system for Landlord's engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the Facility existing Systems and that are metered at the revenue meters. All Equipment), and Landlord's reasonable charges for such utility/amount of excess services facilities shall be owned or utilities used by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementTenant.
5.2 Prior (E) Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, utilities, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. Landlord shall not be in default hereunder or be liable for any damages (including loss of profits, business interruption or other consequential damages) directly or indirectly resulting from, nor shall it constitute a constructive eviction of Tenant, nor shall the O&M Commencement Date, Rent reserved herein be abated or Tenant relieved from the Power Authority shall install, at performance of its sole cost and expense, other obligations under this Lease by reason of: (i) its own water meter at the Astoria Annex Substationinstallation, use, or interruption of use of any equipment in connection with furnishing the services to be provided by Landlord hereunder, (ii) its own revenue/electric meters for equipment failure to furnish or delay in furnishing any such services when such failure is caused by accident or any condition beyond the Astoria Annex Substationreasonable control of Landlord or by the making of necessary improvements or repairs to the Premises, Systems and Equipment, Building or the Property, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy, utility or other public service serving the Power Authority Property associated with Q35L & Q35M Transmission Lines and Premises or the Building, (iv) at any prevention, delay or stoppage due to strikes, labor or materials or reasonable substitutes therefor, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil commotion, fire or other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicescasualty.
Appears in 1 contract
Samples: Consent to Sublease (At Plan Inc)
Services and Utilities. 5.1 Con Edison shall(a) Landlord shall maintain the Common Areas, including lobbies, stairs, elevators, corridors and rest rooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in reasonably good order and condition, except for damage occasioned by the act of Tenant, its agents, servants, employees or invitees, which damage shall be repaired by Landlord at Tenant's expense.
(b) Provided Tenant is not in default hereunder, and subject to the provisions contained elsewhere herein and in the Rules and Regulations, Landlord agrees to furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive in any event of Sundays and legal holidays), heat and air conditioning required in Landlord's judgment (in accordance with the specifications in Paragraph 1.01(l) of the Work Letter attached hereto as Exhibit "C") for the comfortable use and occupancy of the Premises from 8:00 a.m. to 7:00 p.m. on weekdays and from 8:00 a.m. to 2:00 p.m. on Saturdays; janitorial services during the times and in the manner set forth in Landlord's Cleaning Specifications attached hereto as Exhibit "E," and elevator service. Landlord shall be under no obligation to provide additional or after-hours heating or air conditioning, but if Landlord elects to provide such services at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined from time to time by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Whenever heat-generating machines, excess lighting 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 and metering devices for such units in the Premises, and the cost thereof, including the cost of electricity and/or water therefor, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord agrees to furnish to the Premises electricity for general office purposes and water for lavatory and drinking purposes, subject to the terms and conditions provisions of a separate License Agreement and/or amendment subparagraph 5(c) below. Landlord shall in no event be liable for any interruption or failure of utility services to the Easement GrantPremises or for any result thereof. However, Landlord will use commercially reasonable efforts to remedy any interruption or failure of utility services to the Premises which interruption or failure is within its control.
(c) Tenant will not without the prior written consent of Landlord use any apparatus or device in the Premises which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electric current or water. If Tenant, in Landlord's judgment, shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space (it being understood that such an excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Tenant shall first procure the prior written consent of Landlord, to the use thereof, which Landlord may refuse, and Landlord may cause a form acceptable special meter to Con Edison be installed in its sole discretionthe Premises so as to measure the amount of water, allow the Power Authority electric current or other resource consumed for any such other use. The cost of any such meters and installation, maintenance and repair thereof shall be paid for by Tenant, and Tenant agrees to use and occupy certain land pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at the Con Edison Landsrates charged by the local public utility furnishing the same, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection plus any additional expense incurred in keeping account of the Con Edison System to water, electric current or other resource so consumed. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may rental herein reserved be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned abated by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, reason of: (i) its own water meter at the Astoria Annex Substationinstallation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services; (ii) its own revenue/electric meters for equipment failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by Acts of God or the Astoria Annex Substationelements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building; or (iii) its own revenue/electric meter for the PURS and Pressurization Plants at limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for Premises or the FacilityBuilding. On or before the O&M Commencement DateFurthermore, ownership of all such revenue meters Landlord shall be transferred entitled to Con Edison. The Power Authority shall establish accounts for cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing consumption of energy, water or any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority other resources.
(d) Any sums payable under this Paragraph 5 shall be solely responsible considered Additional Rent and may be added to pay any installment of Rent thereafter becoming due and shall accrue late charges as Rent as set forth in subparagraph 19(g) of this Lease, and Landlord shall have the same remedies for a default in payment of such sums as for a default in the payment of Rent.
(e) Tenant shall not provide any janitorial services without Landlord's prior written consent and then only subject to supervision of Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. Any such services directly to the provider of such servicesprovided by Tenant shall be at Tenant's sole risk, cost and responsibility.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall(a) Landlord agrees, subject without charge except as provided herein, and in accordance with standards reasonably established from time to time prevailing for office buildings in the Metropolitan Detroit Area, to furnish water to the terms Building for use in lavatories and conditions of a separate License Agreement and/or amendment drinking fountains (and to the Easement GrantPremises if the plans for the Premises so provide); during the hours from 8:00 a.m. to 6:00 p.m. on Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, (excluding holidays) to furnish such heated or cooled air to the Premises as may, in a form acceptable to Con Edison in its sole discretionthe judgment of Landlord, allow be reasonably required for the Power Authority to comfortable use and occupy certain land at occupancy of the Con Edison Lands, Premises provided that Tenant complies with the recommendations of Landlord's engineer regarding occupancy and use of the Premises; to provide janitorial services for the Premises (including such interior and exterior window washing as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, may be determined by Landlord but no less frequently than two (2) 27 kV feeder(stimes per year), such janitorial services to be provided after 6:00 p.m. five (5) days a week or Monday through Friday (excluding legal holidays); during ordinary business hours to cause electric current to be supplied for light lighting the public portions of the Building or Building Complex; and powerto furnish such snow removal services to the Building Complex as may, which in the judgment of Landlord, be reasonably required for safe access to the Building Complex. Landlord agrees to maintain the Building at a habitable level at all times and Tenant will have the ability to override the system to provide, at Tenant's cost, for HVAC before or after Building standard hours.
(b) Tenant hereby agrees to pay all charges with respect to electrical services furnished to or used within the Premises. Landlord agrees to provide and install appropriate meters at the Premises for measuring Tenant's consumption of electricity as part of Landlord's construction work pursuant to Paragraph 20 (a) hereof. Tenant shall pay all such charges for electricity within ten (10) days after the date of submission of a monthly statement to Tenant. Charges for electricity shall be owned by Power Authority at the same rates, terms and conditions as rates, terms and conditions for comparable services from The Detroit Edison Company.
(c) If Tenant requires water in excess of that usually furnished or supplied for use in the Y connection Premises as general office space, Tenant shall first procure the consent of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines Landlord for the Q35L & Q35M Transmission Linesuse thereof. In obtaining Tenant agrees to pay to Landlord such amounts as Landlord reasonably determines are necessary to cover the light and power costs of such increased use of water, including any cost incurred in connection with the installation of a meter required to measure such use.
(d) Tenant agrees that Landlord shall not be liable for the Facilityfailure to supply any heating, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service air conditioning, elevator, electrical, janitorial, lighting or other services during any period when Landlord uses reasonable diligence to the Power Authority under Con Edison’s Delivery Service Rate Schedulesupply such services, PASNY No. 4or during any period Landlord is required to reduce or curtail such services pursuant to any applicable laws, rules or regulations, now or hereafter in force or effect, it being understood that Landlord may discontinue, reduce or curtail such services, or any of them (either temporarily or permanently), at such times as it may be revised necessary by reason of accident, unavailability of employees, repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and regulations, or superseded due to any other happening beyond the control of Landlord. In the event of any such interruption, reduction or discontinuance of Landlord's services (either temporary or permanent), Landlord shall not be liable for damages to persons or Tenant: ______ property as a result thereof, except for damage relating solely to its negligence, nor shall the occurrence of any such event in any way be construed as an eviction of Tenant or cause or permit an abatement, reduction or setoff of rent, or operate to release Tenant from time any of Tenant's obligations hereunder. Anything in this Lease to time. The charges the contrary notwithstanding, if the stoppage of services which Landlord is obligated to provide for Tenant causes any portion of the Con Edison delivery services referenced herein Premises to become unusable by Tenant or access to the Premises is barred thereby for more than three (3) consecutive days, then and in that event, Tenant shall be based on quantities entitled to a pro rata abatement of electricity rent as to such unusable portion of Premises commencing with the fourth (4th) day that the same are delivered unusable; provided; however, that Tenant shall not be entitled to any abatement of rent due to unusability: (a) caused by any act or omission of Tenant or any of Tenant's servants, employees, agents, visitors or licensees; or (b) where Tenant requests Landlord to make a decoration, alteration, improvement or addition; or (c) where the Facility repair in question or the services in question are those which Tenant is obligated to make or furnish under any of the provisions of this Lease.
(e) Whenever heat generating machines or equipment are used by Tenant 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 in the event Landlord's independent consulting engineer determines same are reasonably necessary as a result of Tenant's use of lights or equipment which generate heat loads in excess of those for which the HVAC system is designed and that are metered at the revenue meters. All such utility/services facilities cost therefor, including the cost of installation, operation and maintenance thereof, shall be owned paid by the Power Authority and shall be maintained Tenant to Landlord upon demand by Con Edison pursuant to the terms and conditions of this Composite AgreementLandlord.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Office Building Lease (Michigan Heritage Bancorp Inc)
Services and Utilities. 5.1 Con Edison 13.1 Subject to the provisions contained elsewhere herein and to the rules and regulations of the Building, Landlord shall cause to be furnished to the Premises electricity, together with heating, ventilating and air conditioning (“HVAC”), required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises (but not in excess of such utilities and services which are customarily furnished in comparable office buildings in the immediate market area), during the business hours of the Building, which shall initially be 8:00 A.M. to 6:00 P.M., Monday through Friday, and 9:00 A.M. to 1:00 P.M., Saturday, except for holidays determined by Landlord from time to time, and janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the immediate market area. Landlord shall, subject at Tenant’s request, provide after- hours HVAC to the terms Premises, provided that Tenant shall pay to Landlord a charge therefor (based on all costs on a particular electrical bxxx [including, without limitation, surcharges or other recovery charges]) as reasonably determined by Landlord from time to time; provided, that Tenant acknowledges that due to variations in rates charged by electricity providers serving the Premises over the term of the Lease, and conditions other parameters not within Landlord’s control (such as usage of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land all other users [at the Con Edison LandsProject or elsewhere] serviced by the electricity providers), as preliminarily shown on the Survey, attached hereto as Exhibit E, as required it may not be known until a later date whether particular after-hours usage imposed additional costs to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines Landlord (and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerLandlord may need to retain consultants, which shall be owned reasonably acceptable to Tenant, to determine whether there were and the extent of any such additional costs), and Tenant agrees to pay Landlord for any additional costs (including the cost of any consultants) as and when requested by Power Authority from the Y connection Landlord; provided, that Landlord’s request shall be accompanied by commercially reasonable documentation. Tenant shall notify Landlord at least forty-eight (48) hours in advance prior to noon on any business day of-Tenant’s after-hours HVAC requirements. The Building’s HVAC system shall provide HVAC on a floor-by-floor basis. Tenant shall keep and cause to be kept closed all window coverings when necessary because of the Con Edison System to sun’s position, and Tenant also shall at all times cooperate fully with Landlord and abide by all the Astoria Annex Substationregulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, power supply from ventilating and air conditioning system. If any heat-generating machine, excess lighting or equipment used in the Power Authority’s transformers to Premises affects the PURStemperature otherwise maintained by the air conditioning system, Landlord shall notify Tenant, and Tenant-shall, within twenty (20) days after receipt of such notice, remove or disconnect such machine or equipment; provided that if Tenant does not remove or disconnect such machine or equipment, Landlord may install supplementary air conditioning units in the Premises, and the extension cost thereof (including, but not limited to, the cost of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light installation, separate utility metering, operation and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein maintenance thereof) shall be based on quantities paid by Tenant to Landlord upon demand by Landlord. If Landlord, in its reasonable discretion, determines that the operation of electricity that are delivered to a bank branch or the Facility and that are metered at ATM, or the revenue meters. All such utility/services facilities use of the “Bank Visitor Only” parking spaces (as described in Section 334.8) requires the presence of a security guard, Tenant shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall installsolely responsible, at its cost, to provide same.
13.2 Notwithstanding the last sentence of Section 13.1 above, Tenant shall not, without the prior written consent of Landlord, in Landlord’s sole and absolute discretion, use in the Premises any apparatus, device, machine or equipment using excess lighting, electricity or water; nor shall Tenant connect any apparatus or device to sources of electrical current or water except through any existing electrical outlets or water pipes in the Premises; provided, that Tenant shall be entitled to use computers, photocopy, video teleconferencing, facsimile machines and related office equipment so long as they are properly connected and do not consume excess electricity. If Tenant shall require excess electricity (including, without limitation, for illuminating signage and/or for fitness/exercise room equipment) or water or any other resource in excess of that customarily supplied for use of similar premises, Tenant shall first request the consent of Landlord, in Landlord’s sole and absolute discretion, and obtain, at Tenant’s sole cost and expense, any additional consent required from governmental authorities. In the event that Landlord gives its consent and any such additional consent is obtained, Landlord may cause a separate metering device to be installed in the Premises so as to measure the amount of the resource consumed within the Premises. The cost of any such separate metering device including, but not limited to, the cost of installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall promptly pay the cost of all excess resources consumed within the Premises, together with any additional administrative expense incurred by Landlord in connection therewith, which shall include, without limitation, the cost of changing settings and any energy management system [“EMS”] personnel and HVAC contractors incurred in connection with providing such excess resources (and Landlord shall be entitled to charge an administrative fee/overhead in connection with such excess resources equal to ten percent (10%) of the administrative expense incurred by Landlord such as for changing settings or for EMS personnel and HVAC contractors; provided, that Landlord shall not charge such fee on the actual cost of the excess resources such as electricity). For purposes of the foregoing, excess electricity shall be deemed to consist of any amount consumed during a day in excess of .002 kilowatts per hour per usable square foot of the Premises for the number of business hours of the Building during that day as determined by Landlord for fluorescent lighting and .002 kilowatts per hour per usable square foot of the Premises for such number of business hours for convenience power.
13.3 Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from any interruption of utilities or services caused by (i) its own water meter at the Astoria Annex Substationinstallation or repair of any equipment in connection with the furnishing of utilities or services, (ii) its own revenueacts of God or the elements, labor disturbances of any character, any other accidents or any other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or the Project (in which event Landlord shall use reasonable efforts to minimize any interference with Tenant’s use and quiet enjoyment of the Premises), or (iii) the limitation, curtailment, rationing or restriction imposed by any governmental agency or service or utility supplier on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Furthermore, Landlord shall be entitled, without any obligation or compensation to Tenant, to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or service or utility suppliers in reducing energy or other resource consumption; if Landlord shall so cooperate, Tenant shall also reasonably cooperate therewith. Notwithstanding the foregoing, if (a) utilities or other services necessary for the operation of Tenant’s business are interrupted, (b) such interruption (1) continues for more than three (3) business days following Landlord’s receipt of written notice from Tenant advising of such interruption and (2) is materially and adversely affecting the operation of Tenant’s business in the Premises, and (c) such interruption is due to the negligence of Landlord, then Base Rent shall axxxx from the expiration of such 3- day period until such interrupted utility or service is restored.
13.4 Landlord hereby permits Tenant to use an existing three and one- half (3 1/2) ton split system air-conditioning unit owned by Landlord (“Auxiliary HVAC Unit”) serving the existing first floor Premises Suite 1050 computer room. In consideration therefor, Tenant agrees to keep the unit in good maintenance and repair at Tenant’s sole cost and expense. Any replacement of the Auxiliary HVAC Unit during the term of the Lease shall be Tenant’s responsibility, and Landlord shall have no obligation, therefor. The computer room equipment electric circuits, including the Auxiliary HVAC Unit, the fitness/electric meters for exercise room equipment, all signs, and any other electrical equipment in the Astoria Annex SubstationPremises that would not typically be located in premises which were being used for general office purposes (collectively, the “Non-Typical Electrical Equipment”) shall be metered (iiior submetered) its own revenue/separately for electric meter utility consumption, and Tenant shall be obligated to pay Landlord for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations consumption costs as Con Edison reasonably requests determined hereinbelow. Electric utility consumption costs for the FacilityNon-Typical Electrical Equipment shall be computed by taking the electric consumption measured by separate meter in kilowatt hours (“KWH”) for a given time period (“Billing Period”) and multiplying it times the Project’s average unit cost per KWH for the corresponding Billing Period. On or before The Project’s average electric utility consumption costs per KWH (“KWH Unit Cost”) shall be determined by taking the O&M Commencement Date, ownership sum total of all such revenue meters Project electric utility costs required to provide electric power for each Billing Period and dividing it by the Project’s total KWH consumption for the corresponding Billing Period. Any late payment penalties, if any, will be excluded from the total bxxx amount. By way of example, if the sum total costs of all Project electric utility bills for a particular Billing Period are $4,000 based on a total Project consumption of 45,000 KWH, the KWH Unit Cost is $0.089. If the electric utility consumption for the Non-Typical Electrical Equipment for the corresponding Billing Period is 850 KWH, then the amount payable by Tenant to Landlord is $75.65. Landlord shall determine how many Billing Periods there will be, but not less than one per year, in order to facilitate meter reading and accounting. At Landlord’s option, Tenant shall pay an estimated monthly amount for its share of the electric utility consumption costs based on its average consumption experience, and Tenant shall pay that amount along with its installment of monthly rent. In this event, the actual consumption costs payable by Tenant shall be transferred reconciled at least annually with that paid by Tenant for a given time period. Any amount payable or overpaid will be added or credited to Con Edisonthe next monthly estimate payable in accordance herewith. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority All amounts paid by Tenant hereunder shall be solely responsible to pay for any and all such services directly credited to the provider of such servicesProject Direct Costs.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallSection 22.01 Tenant shall arrange for and pay, subject when due, all costs and expenses incurred in connection with provision of utility services to the Premises excluding electricity but including telephone, data and telecommunication services, janitorial services, vermin and pest control, repair and maintenance of the interior of the Premises, and such other services as Tenant, in accordance with the terms and conditions provisions of this Lease, requires for the Premises not otherwise specifically required to be furnished by Landlord in this Lease. Such costs and expenses shall include but not be limited to the utility charges for ongoing gas service, and all costs associated with the provision of separate meters to the Premises. Landlord shall arrange for and pay, when due, all costs and expenses incurred in connection with the provision of water and sewer services to the Premises, which costs and expenses shall be Expenses. Electrical service to the Premises shall be provided through a submeter (a meter which measures the utility service consumed only in the Premises but not representing a separate account with the utility provider) and Tenant shall be obligated to pay to Landlord for the cost of the electrical services consumed in the Premises, as measured by the submeter, during the entire Term at the same rate as is charged to Landlord by the utility provider. Landlord shall bxxx Tenant for the cost of the electrical services consumed by Tenant on a monthly or other periodic basis and Tenant shall be obligated to pay to Landlord the amount due on or before the later of (a) the date fifteen (15) days after Landlord sends the billing or (b) the first day of the month following the month in which the billing is sent. The electrical charges at the beginning and end of the term of this Lease shall be prorated on a daily basis.
Section 22.02 Landlord hereby warrants and represents that the electrical service for the Premises is as follows: 400 amp- 480/277 volt, three phase, 4 wire.
Section 22.03 Tenant’s right to access prior to the Commencement Date to install telecommunications wiring and equipment shall be subject to Plans and Specifications to be approved in advance in writing by Landlord at its sole and absolute discretion. Tenant acknowledges and agrees that any and all telephone and telecommunication services desired by Tenant shall be ordered and utilized at the sole expense of Tenant. Unless Landlord requests otherwise or consents in writing, all of Tenant’s telecommunications equipment shall be located and remain solely in the Premises except any necessary wiring. Landlord shall not have any responsibility for the maintenance of Tenant’s telecommunications equipment, including wiring; nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Tenant agrees that, to the extent any telecommunications service is interrupted, curtailed or discontinued, Landlord shall have no obligation or liability with respect thereto unless such interruption is the result of negligent or willful misconduct by Landlord or its agent. Landlord shall have the right, upon reasonable prior oral or written notice to Tenant, to interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with repairs to the Building or installation of telecommunications equipment for other tenants of the Building. In the event that Tenant wishes at any time to utilize the services of a separate License Agreement and/or amendment telephone or telecommunications provider whose equipment is not then servicing the Building, the provider shall not be permitted to install its lines or other equipment within the Easement GrantBuilding without first securing the prior written consent of Landlord so long as such consent is not unreasonably withheld. The provision of this paragraph may be enforced solely by Tenant and Landlord, in a form acceptable to Con Edison in its sole discretionare not for the benefit of any other party, allow the Power Authority to use and occupy certain land at the Con Edison Landsspecifically but without limitation, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for no telephone or telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which provider shall be owned by Power Authority from the Y connection deemed a third party beneficiary of the Con Edison System this Lease. Subject to the Astoria Annex Substationlocal, power supply from the Power Authority’s transformers to the PURSstate and federal regulations, and the extension applicable provisions of dielectric oil cooling lines the Rules and Regulations for Design and Construction of Tenant Work attached to this Lease as Exhibit D, Tenant will have the non-exclusive license to install, at a location on the roof of the Premises acceptable to Landlord, for Tenant’s use only a telecommunications satellite dish, antenna, or microwave dish tower provided such installations do not void or adversely affect Landlord’s roof warranty. All such installations will be at Tenant’s sole cost and expense and Tenant will maintain the same in compliance with all local, state and federal laws and regulations and Landlord’s insurance requirements. Landlord will have the right to approve all proposed installations (including the locations thereof and the plans and specifications therefor) in accordance with the Rules and Regulations set forth in Exhibit D. Tenant shall be responsible for the Q35L & Q35M Transmission Linesconstruction of all rooftop equipment platforms and roof screens for visual concealment of such rooftop equipment and platforms in a manner reasonably acceptable to Landlord. In obtaining All conduit locations and installation methods will be subject to Landlord’s prior written approval which shall not be unreasonably withheld, conditioned or delayed. Tenant’s equipment shall not interfere with the light and power use or operation of any other satellite dishes, antennae, lines or equipment or other telecommunications equipment.
Section 22.04 Landlord shall not be liable to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the Facility, Power Authority shall obtain and pay for unbundled delivery quantity or character of electric service from Con Edison. Con Edison shall provide the unbundled delivery or any other utility service to the Power Authority under Con EdisonPremises is changed or is no longer available or suitable for Tenant’s Delivery requirements. Tenant’s use of electrical services shall not materially exceed, either in voltage, rated capacity, use, or overall load, that which Landlord reasonably deems to be standard for the Building Project. If Tenant requests permission to consume electrical in excess of those deemed by Landlord to be standard for the Building Project, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord elects (including the installation of utility service upgrades, or submeters), and all costs associated with such additional usage and the installation and maintenance of facilities therefor shall be paid by Tenant as Additional Rent.
Section 22.05 In no event shall Landlord be liable for damages resulting from any of the fixtures or equipment in the Building Project being out of repair, or for injury to persons, property, or business caused by any defects in the electric, HVAC, telecommunications systems, or water and sewer apparatus, or for any damages arising out of the failure to furnish water and sewer, janitor, or other service (except to the extent such loss, or damage results solely from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible and covered by insurance). In the event any essential service (water, sanitary sewer, electrical, or HVAC service) to the Premises is interrupted solely as a result of Landlord’s negligence and (i) the interruption renders all or a material portion of the Premises untenantable for a period (the “Service Rate ScheduleInterruption Period”) of thirty (30) consecutive days or more, PASNY No. 4(ii) the Tenant discontinues operations from the Premises during the Service Interruption Period, as it may be revised and (iii) Tenant is unable, using due diligence, to restore the services within thirty (30) days of the commencement of the service interruption, Rent shall equitably axxxx (based on the portion of the Premises rendered untenantable) from the initial date of service interruption until the earlier of the restoration of the service or superseded Tenant resumes operations in the portion of the Premises rendered untenantable.
Section 22.06 Tenant expressly acknowledges that if Landlord, from time to time. The charges , elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, services, procedures, or equipment and Landlord shall not be liable in any manner for the Con Edison delivery services referenced herein failure of any such security personnel, services, procedures, or equipment to prevent or control, or apprehend anyone suspected of, personal injury or property damage in, on, or around the Building Project. If at any time during the Term the Building Project, has any type of card or fob access system for the Parking Areas or the building in which the Premises are located, Tenant shall purchase access cards or fobs for all occupants of the Premises from Landlord at a building standard charge and shall comply with building standard terms relating to access to the Parking Areas and the building, provided, however, the first forty-seven (47) access cards or fobs requested by Tenant from Landlord shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementno additional charge.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Lease Agreement (Microphase Corp)
Services and Utilities. 5.1 Con Edison shall14.1 Landlord will furnish to the Premises air-conditioning and heating during the seasons they are required in Landlord's reasonable judgment. Landlord will provide: janitorial service on Monday through Friday only (excluding legal public holidays celebrated by the federal government); electricity; water; elevator service; and exterior window-cleaning service. The normal hours of operation of the Building will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except such holidays) and 8:00 a.m. to 12:00 p.m. on Saturday (except such holidays) and such other hours, if any, as Landlord determines. If Tenant requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Notice shall be provided by Tenant to Landlord requesting such additional service not less than twenty-four (24) hours prior to commencement of this service and Tenant shall pay Landlord Seventy-Five Dollars ($75.00) per hour for each first hour and Thirty-Five Dollars ($35.00) for each additional hour of such extra service. The hourly rates are subject to change at Landlord's election to reflect Landlord's actual costs and expenses to provide such additional service. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities during hours other than the terms and conditions normal hours of a separate License Agreement and/or amendment operation of the Building. Tenant shall have access to the Easement GrantPremises twenty-four (24) hours a day every day of the Term. After hours access to the Building will be controlled by means of an electronic passcard system.
14.2 Landlord may install checkmeters to electrical circuits to verify that Tenant's electricity consumption is not excessive. If such checkmeters indicate that such consumption is excessive, in a form acceptable then Landlord may install at Tenant's expense submeters to Con Edison in its sole discretionascertain Tenant's actual electricity consumption, allow the Power Authority to use and occupy certain land thereafter Tenant shall pay f or such consumption at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned then-current price per kilowatt hour charged Landlord by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementutility.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Lease Agreement (Ipix Corp)
Services and Utilities. 5.1 Con Edison shallLandlord shall furnish the following services: (a) air conditioning and heating for reasonably comfortable occupancy in season Monday through Friday from 7:00
a. m. to 7:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., legal holidays excluded; at other times, air conditioning and heating will be furnished at a Building standard charge (which is $35 per hour as of the Date of this Lease and is subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded increase from time to time. The charges ) and is payable by Tenant to Landlord on written demand by Landlord and on Building standard terms relating to advance notice, minimum hours, minimum zones, and other matters; (b) janitorial and general cleaning service on business days; (c) passenger elevator service to all floors of the Building; (d) rest room facilities and necessary lavatory supplies, including cold running water; and (e) electricity for the Con Edison delivery purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities. Landlord shall have the right to select the Building’s electric service provider and to switch providers at any time. Tenant’s use of electrical services referenced herein furnished by Landlord shall not exceed, either in voltage, rated capacity, use, or overall load, that which Landlord deems to be standard for the Building. In no event shall Landlord be liable for damages resulting from the failure to furnish any service, and any interruption or failure shall in no manner entitle Tenant to any remedies including abatement of Rent. Tenant shall be based provided with a Building access card for each occupant of the Premises, at no charge, enabling Tenant and its employees to access and use the Premises on quantities a 24 hour per day, 7 day per week basis. Any replacement cards must be purchased from Landlord at a Building standard charge (which is $10 per card as of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions Date of this Composite Agreement.
5.2 Prior Lease and is subject to the O&M Commencement Date, the Power Authority increase from time to time). Landlord shall installpermit Tenant, at its Tenant’s sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for to install any additional electrical requirements above base building standard needed to accommodate electrical requirements of equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property used exclusively by Tenant. This additional electrical capacity shall be metered separately with consumption paid directly by Tenant. All costs associated with Q35L & Q35M Transmission Lines the additional usage and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership installation and maintenance of all such revenue meters supplementary HVAC units required by Tenant shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilitiespaid by Tenant as additional rent, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider costs of such servicesseparate meters.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2a) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.Tri-Water System:
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own Landlord has installed that portion of the water meter at source heat pump system set forth in the Astoria Annex Substationfirst and second paragraphs of Weather Engineering letter to Roel Xxxstruction Company dated April 6, 1993 attached as Exhibit "F" and Landlord agrees to install a second circulating pump to operate alternately with the existing pump and flush out all existing piping. The complete water source heat pump system is described in Exhibit "F" ("Tri Water System").
(ii) its own revenue/electric meters for equipment The parties agree that the adequacy of the existing Tri-Water System cannot be determined until the Final Space Plan (as defined in the Astoria Annex SubstationWork Letter) has been approved. If the Tri-Water System does not comply with Tenant's specifications as reasonably determined by Tenant's consultant(s), then Landlord shall pay a sum not to exceed Twenty Thousand Dollars ($20,000) to improve the Tri-Water System, or to install an auxiliary system to the Tri-Water System. The method chosen to comply with Tenant's specifications, if necessary, shall be determined by Tenant and approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall pay all costs in excess of $20,000 in the event the improvement of the Tri-Water System or installation of an auxiliary system to the Tri-Water System costs more than Twenty Thousand Dollars ($20,000). The improved or auxiliary system shall become a part of the Building for all purposes except as specifically set forth in this Section 7.13.
(iii) its own revenue/electric meter Tenant shall install as a component of the Work all portions of the Tri-Water System within the Building which is set forth generally as items 1 through 9 in Exhibit "F" and in that certain letter dated April 29, 1993 from Walsx Xxxineers (Exhibit "F1"). Tenant shall install as a component of Work the improvement to the Tri-Water System or an auxiliary system if necessary. Tenant shall obtain a twelve (12) month warranty on that portion of the Tri-Water System or auxiliary system installed by Tenant. The warranty shall provide that except for the PURS routine scheduled maintenance, all other maintenance and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters repair work shall be transferred at no cost to Con EdisonLandlord. The Power Authority cost of the warranty, if any, shall establish accounts for be at Tenant's expense. Tenant shall provide Landlord a copy of the warranty upon Substantial Completion. Tenant shall install at Tenant's cost a monitoring device to measure off-hours use of the Tri-Water System. Tenant shall pay all costs of the Tri-Water System including any services/utilities, including services, specified improvement or an auxiliary system except as installed by Landlord as set forth in Section 5.1 as applicable, in its own name7.13(a). The Power Authority Tenant shall be solely responsible to pay for any bear the financial responsibility of wear and all such services directly to tear on the provider Tri-Water System by reason of use of such servicessystem during off-hours periods (other than 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 2:00 p.m. on Saturday) by payment to Landlord, on a monthly basis, of the sum of One Dollar and Fifty Cents ($1.50) per hour for each hour (or portion thereof) of off-hours use of the Tri-Water System. Tenant shall provide Landlord written documentation to support the off-hour use which shall accompany the monthly payment.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallA. Provided Tenant shall not be in default hereunder, and subject to the terms provisions elsewhere herein contained and conditions of a separate License Agreement and/or amendment to the Easement Grantrules and regulations of the Building. Landlord shall furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord as 8:30 AM to 5:30 PM, Monday through Friday (exclusive, in a form acceptable to Con Edison any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in its sole discretionthe manner that such services are, allow in Landlord’s judgment, customarily furnished in comparable office buildings in the Power Authority to use immediate market area, and occupy certain land elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both at the Con Edison Landsoption of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as preliminarily shown on being sufficient for use of the SurveyPremises for reasonable and normal office use in their present condition, attached hereto “as Exhibit Eis,” and suitable for the Permitted Use, as required and for Tenant’s intended operations in the Premises. Landlord shall have no obligation to permit subsurface and/or aerial rights for telecommunications facilitiesprovide additional or after-hours electricity, including phone lines and communication linesheating or air conditioning, water linesbut if Landlord elects to provide such services at Tenant’s request, for potable water protectionTenant shall pay to Landlord, sixty dollars ($60) per hour with a two (2) 27 kV feeder(s) hour minimum charge per each activation, subject to adjustment at Landlord’s sole discretion. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and in abide by all of the regulations and requirements which Landlord may prescribe for light the proper functioning and powerprotection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting 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 owned paid by Power Authority from Tenant to Landlord upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Y connection Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Con Edison System Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the Astoria Annex Substationuse thereof, power supply and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the Power Authority’s transformers cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the PURSseparate or metered charge a recovery of additional expense incurred in keeping account of the excess water, and electric current or other resource so consumed. Landlord shall not be liable for any damages directly or indirectly resulting from nor shall the extension Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of dielectric oil cooling lines use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant’s use of water, electric current or other resource in excess of that being supplied or furnished for the Q35L & Q35M Transmission Linesuse of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building, whether by Regulation or otherwise; not shall any such occurrence constitute an actual or constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. In obtaining addition, Landlord reserves the light and power for right to change the Facility, Power Authority shall obtain and pay for unbundled delivery supplier or provider of any such utility or service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to timetime however, any such change shall not disrupt Tenant’s ability to conduct its business provided that if such a disruption is unavoidable, Landlord shall take commercially reasonable steps to mitigate the impact of the discruption. The charges Tenant shall have no right to contract with or otherwise obtain any electrical or other such service for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered or with respect to the Facility Premises or Tenant’s operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On any supplier or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesservices designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord’s suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith.
C. Tenant shall pay, upon demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant, Tenant’s Proportionate Share of all charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
Appears in 1 contract
Samples: Landlord Consent to Sublease (Premier Commercial Bancorp)
Services and Utilities. 5.1 Con Edison shallA. Landlord shall provide the following facilities and services to Tenant without additional charge to Tenant (except as otherwise provided herein), in accordance with the standards maintained by Tenant at the Building prior to the Effective Date:
(1) Landlord will provide restroom facilities and necessary lavatory supplies, including hot and cold running water, at those points of supply provided for general use of other tenants in the Building.
(2) Landlord will provide heating, ventilation and air conditioning (HVAC) services Monday through Friday from 8:00 A.M. to 7:00 P.M., and Saturday from 9:00 A.M. to 1:00 P.M. (excepting federal holidays in which federal office buildings in Washington, D.C. are closed) on an all year round basis.
(3) Landlord will provide hot and cold running water on a full-time twenty-four hour a day basis, subject to such reasonable regulations as Landlord may impose. Landlord will maintain the terms and conditions of a separate License Agreement and/or amendment to building plumbing system, as well as the Easement Grantinterior plumbing within the Demised Premises, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use proper and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesefficient operating condition. In obtaining the light and power for event that a problem with the Facilitybuilding plumbing system or the interior plumbing within the Demised Premises is caused by an act or omission of Tenant, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con EdisonLandlord will correct such problem at Tenant’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, .
(i4) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment Landlord will provide electrical energy which Tenant requires in the Astoria Annex SubstationDemised Premises for lighting purposes and for operation of electrical, machinery and other property used in connection with the Permitted Use.
(iii5) its own revenue/electric meter Landlord will provide after-hours HVAC services upon payment by Tenant of Landlord’s actual cost of providing such HVAC services for each hour (or a portion thereof) of after-hours usage (but in no event shall the hourly charge per pod exceed $50.00); provided, that Tenant shall give notice to Landlord prior to 1:00 P.M. on the day such service is required in the case of after-hours service on weekdays, prior to 2:00 P.M. on the Friday preceding the day such service is required in the case of after hours service on weekends, and prior to 1:00 P.M. on the last business day preceding the holiday on which such service is required in the case of after-hours service on a federal holiday.
(6) Landlord will provide after hours Monday through Friday (excepting federal holidays in which federal office buildings in Washington, D.C. are closed) maintenance and housekeeping services, including replacement of fluorescent bulbs, glass cleaning, dusting, sweeping, vacuuming, and removal of trash.
(7) In addition, Landlord will provide the services set forth in Exhibit B attached hereto. In the event of any inconsistency between the services to be provided by Landlord pursuant to Sections 15.A.(1)-(5) and the services to be provided pursuant to Exhibit B attached hereto, Exhibit B shall prevail.
B. Except as otherwise set forth in this Section 15.B, any failure by Landlord to furnish the foregoing services as a result of governmental restrictions, energy shortages or from any cause beyond the control of Landlord shall not render Landlord liable in any respect for damages to either person or property, or loss of Tenant’s business, nor be construed as an eviction of Tenant, nor work as an abatement of rental, nor relieve Tenant from Tenant’s obligations hereunder. If the Building equipment should cease to function properly, Landlord shall use reasonable diligence to repair the same to the extent Landlord is required to repair same pursuant to this Lease. If the services to be provided by Landlord described in this Section 15 are interrupted for a period of more than five (5) consecutive business days, and such interruption renders more than twenty percent (20%) of the rentable area of the Demised Premises untenantable and Tenant actually ceases the use of such rentable area, then Tenant shall be entitled to a pro rata abatement of the Monthly Base Rent (based on the portion of the Demised Premises rendered untenantable) for the PURS period beginning on the sixth (6th) consecutive business day that the foregoing conditions exist and Pressurization Plants at continuing until the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership restoration of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to such portion of the provider Demised Premises. If the services to be provided by Landlord described in this Section 15 are interrupted for a period of more than thirty (30) days, and such interruption renders more than twenty percent (20%) of the rentable area of the Demised Premises untenantable and Tenant actually ceases the use of such servicesrentable area, then Tenant shall have the right to terminate this Lease effective immediately upon written notice to Landlord, as Tenant’s sole remedy.
Appears in 1 contract
Samples: Lease Agreement (Intelsat S.A.)
Services and Utilities. 5.1 Con Edison shall14.1 Landlord shall furnish to the Premises ventilation, air conditioning and heat, electricity, water, elevator service, and char and janitorial service in the manner set forth in Exhibit F attached hereto. The services and utilities required to be furnished by Landlord, other than electricity and water, will be provided only during the normal hours of operation of the building (as set forth in such Exhibit), except as otherwise specified herein. It is agreed that if Tenant requires air conditioning or heat beyond the normal hours of operation set forth herein, Landlord will furnish such air conditioning or heat, provided Tenant gives Landlord’s agent notice of such requirement by noon on any business day for after-hours service that same day or by noon on the immediately preceding business day for service on a Saturday, Sunday or holiday, and Tenant agrees to pay for the cost of such extra service in accordance with Landlord’s then current schedule of costs and assessments for such extra service. The cost of after-hours air conditioning and heat during the first Lease Year shall be Eighty Dollars ($80.00) per hour per floor, and shall not thereafter be increased to exceed at any time the actual utility charges and administrative costs incurred by Landlord for such usage. Landlord agrees to provide an access control system in the building, which shall permit Tenant to have access to the Premises on a twenty-four (24) hour, seven-days-a-week basis. Such access control system shall be subject to the terms reasonable approval of Tenant. Landlord also agrees to provide a building attendant in the lobby of the building during normal business hours and conditions a security guard after normal business hours while the janitorial staff is present in the building.
14.2 Except as otherwise provided in this Section 14.2, it is understood and agreed that Landlord shall have no liability to Tenant whatsoever as a result of a separate License Agreement and/or amendment Landlord’s non-willful failure or inability to furnish any of the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as utilities or services required to permit subsurface and/or aerial rights be furnished by Landlord hereunder, whether resulting from breakdown, removal from service for telecommunications facilitiesmaintenance or repairs, including phone lines and communication linesstrikes, water linesscarcity of labor or materials, for potable water protectionacts of God, two (2) 27 kV feeder(s) for light and powergovernmental requirements or from any other cause whatsoever. Except as otherwise provided in this Section l4.2, which or in General Clause 14 or Section 28.20, it is further agreed that any such failure or inability to furnish the utilities or services required hereunder shall not be owned by Power Authority considered an eviction, actual or constructive, of Tenant from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURSPremises, and the extension shall not entitle Tenant to terminate this Lease or to an abatement of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to timeany rent payable hereunder. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expenseforegoing notwithstanding, (i) its own water meter at if such failure or inability to furnish any of the Astoria Annex Substationutilities or services required to be furnished by Landlord hereunder (including, but not limited to, all electricity and water) is within Landlord’s reasonable control to remedy or correct then Landlord shall proceed immediately and diligently to remedy or correct such situation and, except for an initial period not to exceed thirty (30) days in case the parts or equipment needed to effect such remedy or cure are not available (including by air shipment, special manufacture or otherwise), all rent shall xxxxx hereunder with respect to any portion of the Premises rendered untenantable thereby, (ii) its own revenue/electric meters for equipment in if such failure or inability to furnish any of such utilities or services is not within Landlord’s reasonable control to remedy or correct then all rent shall xxxxx hereunder with respect to any portion of the Astoria Annex SubstationPremises rendered untenantable thereby (except that Tenant agrees to waive such abatement to the extent that the same is not or would not be reimbursable or otherwise compensable to Landlord through or under any policy or policies of insurance, including any policies required to be maintained hereunder), and (iii) its own revenue/electric meter unless such failure or inability is remedied or cured within one hundred twenty (120) days following the commencement thereof (and without regard to Section 28.18) then Tenant shall have the right to terminate this Lease at any time thereafter before such failure is remedied, effective upon not less than thirty (30), nor more than two hundred seventy (270), days prior written notice.
14.3 The parties hereto agree to comply with all mandatory and voluntary energy conservation controls and requirements applicable to office buildings that are imposed or instituted by the Federal or District of Columbia governments, including, without limitation, controls on the permitted range of temperature settings in office buildings, and requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the building. Any terms or conditions of this Lease that conflict or interfere with compliance with such controls or requirements shall be suspended for the PURS duration of such controls, or requirements. It is further agreed that compliance with such controls or requirements shall not be considered an eviction, actual or constructive, of the Tenant from the Premises and Pressurization Plants shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder.
14.4 Upon Tenant’s request, Landlord shall permit Tenant to equip the building for the reception of C-Span and other satellite or cable television programming. Such permission may be withdrawn, however, if Landlord determines that the equipment necessary to permit such reception would materially and adversely interfere with other building facilities or services or would materially detract from the appearance of the building. With the prior reasonable written approval of Landlord, and subject to compliance with all applicable governmental requirements, Landlord will permit Tenant to install roof antennas, a satellite dish and other equipment appropriate or necessary for Tenant’s operation of a telecommunications facility. Tenant shall be responsible for obtaining all necessary governmental permits and approvals for the installation of such equipment upon the building. Landlord agrees to cooperate with Tenant in obtaining any such permits. The equipment necessary to permit such reception shall be installed, maintained and removed at Tenant’s expense (except that the Power Authority Property cost of removal shall not be borne by Tenant if Tenant elects to abandon the same and Landlord thereupon elects to retain such equipment in place beyond the expiration or termination of this Lease), and Tenant shall pay all subscription fees, usage charges, and hookup and disconnection fees associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesTenant’s use thereof.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Services and Utilities. 5.1 Con Edison shall, (A) Provided Tenant shall not be in default under this Lease and subject to the terms other provisions of this Lease and conditions the Rules, Landlord shall provide the following services and utilities (the cost of a separate License Agreement and/or amendment to which shall be included in Operating Expenses unless otherwise expressly stated herein):
1. Electricity for standard office lighting fixtures, and equipment and accessories customary for offices where: (1) the Easement Grantconnected electrical load of all of the same does not exceed an average of 4 watts per square foot of the Premises (or such lesser amount as may be available, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown based on the Surveysafe and lawful capacity of the existing electrical circuit(s) and facilities serving the Premises), attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(sthe electricity will be at nominal 120 volts, single phase (or 110 volts, depending on available service in the Building), and (3) the safe and lawful capacity of the existing electrical circuit(s) serving the Premises is not exceeded. Landlord shall replace lamps and ballasts for light and power, which Building standard lighting fixtures within the Premises as needed on Tenant's request. The cost of such replacement shall be owned by Power Authority from included as Operating Expenses. Tenant shall replace lamps and ballasts for non-Building standard lighting fixtures within the Y connection Premises at Tenant's expense.
2. Heat and air-conditioning to provide a temperature required, in Landlord's reasonable opinion and in accordance with applicable Law, for occupancy of the Con Edison System Premises under normal business operations, from 8:00 a.m. until 6:00 p.m. Monday through Friday and from 9:00 a.m. until 1:00 p.m. Saturday, except on Holidays (as defined in Article 26). Landlord shall not be responsible for inadequate air-conditioning or ventilation to the Astoria Annex Substationextent that same occurs because Tenant uses any item or items of equipment consuming more than 500 watts at rated capacity without providing adequate air-coxxxxxoning and ventilation therefor.
3. Water for drinking, power lavatory and toilet purposes at those points of supply from provided for nonexclusive general use of other tenants at the Power Authority’s transformers to Property.
4. Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the PURSPremises.
5. Operatorless passenger elevator service (if the Property has such equipment serving the Premises) and freight elevator service (if the Property has such equipment serving the Premises, and subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors.
(B) Tenant shall cooperate fully with Landlord to conserve energy use in the extension Building and Tenant shall use its commercially reasonable efforts to reasonably minimize its use of dielectric oil cooling lines gas, electricity, water and other utilities and public services throughout the term hereof. Tenant agrees to cooperate with Landlord and to abide by all regulations and requirements which Landlord may prescribe for the Q35L & Q35M Transmission Linesproper functioning and protection of heating, ventilating, air-conditioning and other systems within the Building. In obtaining the light and power for the FacilityMay 7, Power Authority 1999
(C) So long as Tenant is not in Default under this Lease, Landlord shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall seek to provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, such extra utilities or services as it Tenant may be revised or superseded from time to timetime request, if the same are reasonable and feasible for Landlord to provide and do not involve modifications or additions to the Property or existing Systems and Equipment (as defined in Article 26), and if Landlord shall receive Tenant's request within a reasonable period (but in any event no less than forty-eight hours) prior to the time such extra utilities or services are required; notwithstanding the minimum notice required herein, if Tenant provides Landlord at least twelve (12) hours prior notice of Tenant's need for after hours heating and air-conditioning, Landlord will attempt to accommodate such need. The Landlord may comply with written or oral requests by any officer or employee of Tenant, unless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to 3 for each floor on which the Premises are located) and procedures for written requests. Tenant shall, for such extra utilities or services, pay such charges as Landlord shall from time to time reasonably establish on a cost recovery basis. All charges for the Con Edison delivery such extra utilities or services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered due at the revenue meters. All such utility/services facilities same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be owned by the Power Authority due within twenty (20) days after such billing.
(D) The parties acknowledge and agree that up to 280 hours per month shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall considered typical office use for which excess rates will not be charged. Landlord may install, at its sole cost and expense, and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord under this Article (including a system for Landlord's engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the existing Systems and Equipment), and Landlord's reasonable charges for such amount of excess services or utilities used by Tenant.
(E) Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, utilities, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. Landlord shall not be in default hereunder or be liable for any damages (including loss of profits, business interruption or other consequential damages) directly or indirectly resulting from, nor shall it constitute a constructive eviction of Tenant, nor shall the Rent reserved herein be abated or Tenant relieved from the performance of its other obligations under this Lease by reason of: (i) its own water meter at the Astoria Annex Substationinstallation, use, or interruption of use of any equipment in connection with furnishing the services to be provided by Landlord hereunder, (ii) its own revenue/electric meters for equipment failure to furnish or delay in furnishing any such services when such failure is caused by accident or any condition beyond the Astoria Annex Substationreasonable control of Landlord or by the making of necessary Improvements or repairs to the Premises, Systems and Equipment, Building or the Property, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy, utility or other public service serving the Power Authority Property associated with Q35L & Q35M Transmission Lines and Premises or the Building, (iv) at any prevention, delay or stoppage due to strikes, labor or materials or reasonable substitutes therefor, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil commotion, fire or other locations casualty. Without limiting the generality of the foregoing and except as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Dateset forth in Article 13, ownership if (i) there is a disruption of all such revenue meters shall essential services to be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly provided by Landlord to the provider of such services.Premises as expressly set forth in this Lease, May 7, 1999
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall(a) The Landlord hereby covenants and agrees to maintain in good condition and repair the foundation, subject floors, roof, elevators, exterior masonry walls of the Building and all common areas in the Building and on the Developed Parcel, as well as sewer, water and other pipes and conduits located beyond the boundaries of the Premises; and to make all repairs becoming necessary by reason of any structural defects in the terms Building; provided, however, that Landlord shall not be required to make any repairs necessitated by reason of any act or omission of Tenant, its officers, agents, employees, visitors, or anyone claiming under Tenant, or caused by any alteration, addition, or improvement made by Tenant or anyone claiming under Tenant, and conditions of a separate License Agreement and/or amendment that if Landlord does make any such repairs Tenant shall promptly, upon demand, reimburse to Landlord the Easement Grantcost thereof.
(b) The Landlord shall maintain, operate and repair heating, ventilation, air conditioning, plumbing and sprinkler systems (hereinafter known as the “Systems”) and shall provide:
(i) Heating, ventilating and air conditioning in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land Premises at the Con Edison Landstemperature required for reasonably comfortable occupancy of the Premises during Normal Business Hours (that is, as preliminarily shown daytime hours of 7:00 a.m. through 6:00 p.m. weekdays and 8:00 a.m. to 1:00 p.m. on Saturdays, excluding Sunday and Holidays (New Years Day, Thanksgiving Day, Memorial Day, Independence Day, Christmas Day and Labor Day)). Because of Systems requirements, if Tenant shall require air conditioning or heating service at any other time, Landlord shall furnish such “after hours” air conditioning or heating service upon reasonable advance notice from Tenant and Tenant shall pay the Survey, attached hereto as Exhibit E, as required actual cost incurred by Landlord therefore which is currently estimated to permit subsurface and/or aerial rights be $75.00 per hour. A minimum charge for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(shours of “after hours” service will be made for any such service. Use of the Premises (or any part thereof) in a manner exceeding the designed conditions therefor for light and powerair conditioning services, or rearrangement of partitioning which interferes with normal operation of the Systems, or use of computer or data processing machines may require changes in the Systems service for the Premises. Such changes so occasioned for the Premises shall be owned made by Power Authority from Tenant at its expense but subject to Landlord’s reasonable approval. Tenant agrees to cooperate through the Y connection use of lowered or closed Venetian blinds or other window coverings whenever required for proper operation of the Con Edison System Systems.
(ii) Cold water for drinks, lavatory and toilet purposes and hot water for lavatory purposes.
(c) The Landlord shall provide electricity consumed in the Premises for normal lighting, air conditioning and operation of the Tenant’s normal office equipment only. However, Landlord shall not be liable in any way to Tenant for any failure or default in supply or character of electric current furnished to the Astoria Annex SubstationPremises. Notwithstanding the foregoing, power supply from if the Power Authority’s transformers interruption is due to the PURSnegligence or intentional misconduct of Landlord and lasts for two (2) consecutive business days, Tenant shall have the right to xxxxx the monthly Basic Annual Rent payable hereunder on a per diem basis for each day that such interruption continues due to the negligence or intentional misconduct of Landlord, and if such interruption continues for thirty (30) days, Tenant, upon written notice to Landlord delivered at any time after such thirtieth (30th) day and before the extension service is restored, shall have the right to terminate this Lease. Landlord shall supply the Premises with required lamps, bulbs, ballast, starters, and replacements thereof in the ordinary course of dielectric oil cooling lines business, with Tenant’s cooperation, through proper communication of need for said replacement items. Tenant’s use of electric current in the Q35L & Q35M Transmission LinesPremises shall not at any time exceed the capability of the electrical conductors and equipment in or otherwise servicing the Premises. Tenant shall not make or perform or permit any alterations to wiring, installations, lighting fixtures or other electrical facilities in any manner without the prior written consent of Landlord which consent shall not be unreasonably withheld, conditioned or delayed. In obtaining each instance, should Landlord grant any such consent for additional risers or other equipment required thereof, such equipment shall bO installed by Landlord or Landlord’s approved agent and the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein cost thereof shall be based on quantities paid by Tenant upon Landlord’s demand.
(d) Tenant will not install or operate in the Premises any heavy duty electrical equipment or machinery, without first obtaining prior written consent of electricity that are delivered to the Facility and that are metered at the revenue metersLandlord which consent shall not be unreasonably withheld, conditioned or delayed. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant Subject to the terms and conditions of this Composite Agreement.
5.2 Prior Lease, Landlord may make periodic inspections of the Premises at reasonable times to determine that Tenant’s electrically operated equipment and machinery complies with the O&M Commencement Dateprovisions of this section and to review for excessive heat generation. Upon reasonable grounds therefor, Landlord may require that one or more separate meters be installed to record the Power Authority consumption or use of electricity, or shall installhave the right to cause a reputable independent electrical engineer to survey and determine the quantity of electricity consumed by such excessive use. The actual cost of any such survey or meters and of installation, at its sole cost maintenance and expenserepair thereof shall be paid for by Tenant. Tenant agrees to pay Landlord (or the utility company, (i) its own water meter at if direct service is provided by the Astoria Annex Substationutility company), (ii) its own revenue/electric meters promptly upon demand therefor, for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilitieselectric consumption and demand as shown by said meters, including servicesor a flat monthly charge determined by the survey, specified in Section 5.1 as applicable, at the rates charged for such service by the local public utility company.
(e) Landlord shall not be liable for its failure to maintain comfortable atmospheric conditions in its own nameall or any portion of the Premises due to heat generated by any equipment or machinery installed by Tenant (with or without Landlord’s consent) that exceeds generally accepted engineering design practices for normal office purposes. The Power Authority If Tenant desires additional cooling to offset excessive heat generated by such equipment or machinery, Tenant shall be solely responsible to pay for any auxiliary cooling equipment and all such its operating costs including without limitation electricity, gas, oil and water, and/or pay for excess electrical consumption by the existing cooling system, as appropriate.
(f) The Landlord shall also provide the cleaning services directly to the provider of such services.detailed on Exhibit
Appears in 1 contract
Samples: Lease Agreement (Interhealth Facility Transport, Inc.)
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Landlord will furnish to the terms Premises heating, ventilation and air-conditioning ("HVAC") on a year-to-year basis throughout the Premises appropriate to the season. The equipment is designed to be capable of maintaining a uniform indoor temperature of approximately 75 degrees Fahrenheit Dry Bulb at a maximum of 50% Relative Humidity in summer based on the local outdoor design condition and approximately 70 degrees Fahrenheit Dry Bulb at a minimum of 25% Relative Humidity in the winter based on local outdoor design condition. Temperature control shall be automatic, and the equipment is capable of maintaining temperature set point +5 degrees Fahrenheit. Under ordinary circumstances, Landlord shall set the thermostats for the Premises at 73 degrees Fahrenheit during the season for air-conditioning and at 68 degrees during the season for heating. Landlord shall not be liable for any failure to maintain comfortable atmosphere conditions in all or any portion of the Premises due to excessive heat generated by any equipment or machinery installed by Tenant (with or without Landlord's consent) or due to any impact that Tenant's furniture, equipment, machinery, millwork or skylights might have upon the delivery of HVAC to the Premises. For purposes of this Section 14.1, excessive heat shall be deemed to result from (a) the installation of machinery or equipment, other than normal office machinery and equipment, in an area not engineered for such office machinery and equipment or (b) the installation and concurrent operation of a separate License Agreement and/or amendment number of normal office machines or pieces of equipment in an area not engineered for such a concentration. For example, a typical office will provide comfortable temperatures for its occupant when a normal personal computer is installed and operated in that office, but it may not do so if an unusually large computer or a number of smaller computers are installed and operated in that office. Landlord shall not be liable for its failure to the Easement Grantmaintain comfortable atmosphere conditions due to an occupancy load of more than one person per one hundred and fifty (150) square feet. Landlord will provide: standard janitorial service, in a form acceptable to Con Edison in its sole discretion, allow accordance with the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, janitorial specifications attached hereto as Exhibit EH, on Monday through Friday only, excluding federal legal holidays; electricity; water; and exterior window-cleaning service. Landlord shall provide heating, ventilation and air-conditioning as required pursuant to permit subsurface and/or aerial rights this Lease during the normal hours of operation of the Building, which normal hours of operation of the Building will be 8:00 a.m. to 7:00 p.m. on Monday through Friday, 9:00 a.m. to 1:00 p.m. on Saturday (except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day). If Tenant requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same, and Landlord shall install "run hour" meter buttons in the Premises to control the seven (7) rooftop HVAC units to allow Tenant to control the usage of air-conditioning or heat after the normal hours of operation. Tenant shall pay for telecommunications facilitiessuch extra service in accordance with Landlord's then-current schedule, which current rate is eight dollars ($8.00) per hour for each of the seven (7) rooftop HVAC units serving the Premises, and which current rate is subject to increase from time to time to reflect increases in Landlord's direct costs for electricity in providing extra service. Tenant shall pay for such extra service within twenty (20) days after receipt of Landlord's statement for such charges; provided, however, that if Tenant is in default under this Lease (all notice and cure periods having expired), Landlord shall have the right to terminate Tenant's right to utilize the "run hour" meter buttons. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities during hours other than the normal hours of operation of the Building.
14.2 Landlord may install checkmeters to electrical circuits to verify that Tenant's electricity consumption is not excessive. A total average consumption of electricity in excess of five (5) wattx xxx square foot for the Premises, including phone lines and communication linesHVAC, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light lighting and power for Tenant's outlets, equipment and machinery, shall be deemed excessive. If such checkmeters indicate that such consumption is excessive, as determined by Landlord in consultation with a duly qualified independent contractor or consultant over at least a three (3) month period, then Tenant shall reimburse Landlord for the Facilitycost of installing such checkmeters and Landlord may install at Tenant's expense submeters (or similar measuring devices) to ascertain Tenant's actual electricity consumption, Power Authority and thereafter Tenant shall obtain and pay for unbundled delivery such consumption at the then-current price per kilowatt hour charged Landlord by the utility company.
14.3 Tenant shall promptly reimburse Landlord on demand for the cost of any excess or disproportionate utility usage in or in connection with the Premises (including, but not limited to, water, sewer and chiller usage). Excess and/or disproportionate usage shall be determined by Landlord (in consultation with a duly qualified independent contractor or consultant) and pursuant to measurement of such usage by Landlord's energy management system. without limiting the generality of the foregoing, Tenant shall be responsible for all utility usage in connection with any supplementary HVAC units installed in the Premises.
14.4 Landlord reserves the right to curtail or suspend any utility, service from Con Edisonor Building system when necessary or desirable in the reasonable judgment of Landlord, by reason of accident, emergency, repairs, alterations, replacements or improvements or any other reason whatsoever, until such cause has been removed or remedied. Con Edison With respect to a nonemergency curtailment or suspension, Landlord shall provide Tenant, to the unbundled delivery extent practicable, with reasonable prior notice of such curtailment or suspension. If Tenant requests in writing that Landlord reschedule any such nonemergency curtailment or suspension to minimize the impact thereof on Tenant's work schedule, then Landlord shall reschedule such nonemergency curtailment or suspension to the extent practicable; provided, however, that if Tenant refuses entry to any party attempting to remove or remedy the situation notwithstanding that Tenant had theretofore approved such entry time, Tenant shall be responsible to Landlord (and shall reimburse Landlord promptly upon demand) for any costs (including any increase in service charges) resulting from such action of Tenant. In the event of Landlord's failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder, Landlord shall not have any liability to Tenant; provided, however, that Landlord shall use good faith efforts to restore such failure or inability so long as such failure or inability is within Landlord's reasonable control and to expend reasonable sums to minimize the period of time over which any interruption of a utility, service or Building system extends; and provided further, however, that if any utility, service or Building system is interrupted on account of a cause within Landlord's reasonable control and such interruption continues for more than one (1) business day after Landlord's receipt of written notice from Tenant identifying such interruption and as a result thereof all or a portion of the Premises become uninhabitable, then Tenant shall be entitled to a pro rata abatement of rent for the portion of the Premises that becomes uninhabitable and actually is not occupied by Tenant. Such abatement of rent shall be retroactive to the first business day of the interruption and shall remain in effect until the utility, service or Building system is restored in a manner that renders the uninhabitable portion of the Premises habitable, or Tenant recommences use, whichever first occurs. Any interruption in any utility, service or Building system that might give rise to a claim by Tenant for abatement of rent pursuant to this Section shall be deemed an emergency for purposes of this Lease allowing Landlord immediate access to the Premises. In the event of any conflict between the provisions of this Section 14.4 and the provisions of Section 15.1 below, the provisions of this Section 14.4 shall control.
14.5 If any public utility or governmental body requires Landlord or Tenant to restrict the consumption of any utility or reduce any service to the Power Authority under Con Edison’s Delivery Service Rate SchedulePremises or the Building, PASNY No. 4Landlord and Tenant shall comply with such requirements whether or not the utilities and services referred to in this Article XIV are thereby reduced or otherwise affected, as it may be revised without any abatement, deduction, set-off, rebate or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered adjustment to the Facility and that are metered at Base Rent or additional rent payable hereunder. Landlord shall recalculate its estimate of increases in Operating Expenses in accordance with Section 5.5 above in the revenue meters. All event of any such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant action, however.
14.6 Subject to the terms and conditions of this Composite Agreement.
5.2 Prior Lease, Tenant shall have access to the O&M Commencement DateBuilding twenty-four (24) hours a day, seven (7) days a week. Landlord acknowledges that it currently provides a security service for its properties in Reston, Virginia from 2:00 p.m. to 2:00 a.m. each day, but Landlord reserves specifically the Power Authority right to change the hours during which such security service is provided and to cancel such security system entirely (provided, however, that Landlord shall installuse good faith efforts to notify Tenant of any such change or cancellation). Tenant and its employees shall have the right to request that Landlord's security service provide escorts during the hours in which such security service is in operation and outside the normal hours of operation of the Building, at its sole cost and expense, (i) its own water meter at provided that in all instances the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably satisfaction of such requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred subject to Con Edisonthe other demands made from time to time on such security service by Landlord and the other tenants of Landlord. The Power Authority availability of the aforesaid security service shall establish accounts for any services/utilitiesnot be a condition to this Lease remaining in force and effect, including services, specified in Section 5.1 and Tenant acknowledges and agrees that Landlord shall provide the aforesaid security service only as applicable, in its own name. The Power Authority shall be solely responsible an accommodation to pay for any and all such services directly to the provider of such servicesTenant.
Appears in 1 contract
Samples: Lease Agreement (Best Software Inc)
Services and Utilities. 5.1 Con Edison shall14.1 From and after the Lease Commencement Date, subject Landlord will provide to the terms Premises: air-conditioning and conditions heating during the seasons they are required similar to that provided in comparable buildings in the submarket, substantially in accordance with those general specifications set forth in Exhibit F; janitorial service after 5:30 p.m. on Monday through Friday (or, at Landlord’s option, Sunday through Thursday) only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of a separate License Agreement and/or amendment an emergency); landscaping and snow removal during the seasons they are required; and exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). The charge for after-hours HVAC is currently $85.00 per hour, per floor. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (including an activation or administrative fee). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Easement GrantPremises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in a form acceptable the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to Con Edison the Building twenty-four (24) hours per day each day of the year (except in its sole discretion, allow the Power Authority event of an emergency). Subject to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerobtaining Landlord’s prior written approval, which shall not be owned by Power Authority from unreasonably withheld, Landlord will allow Tenant to place its own security system on the Y connection entrance to the Premises provided that system is compatible with Landlord’s current system. Tenant’s system will be tied into Life Safety controls as per local code. Tenant will program and issue access cards to Landlord. . Subject to obtaining Landlord’s prior written approval, which shall not be unreasonably withheld, Tenant shall have the right to install its own security system within the Premises, including video surveillance and a card reader. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Con Edison System Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Electrical service to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines Premises is separately submetered. Tenant will be responsible for reimbursing Landlord for the Q35L & Q35M Transmission Lines. In obtaining the light and power actual costs without markup for all such electrical service, as additional rent.
14.3 Tenant shall reimburse Landlord for the Facilitycost of any excess water, Power Authority sewer and chiller usage in the Premises. Excess usage shall obtain and pay mean the excess of the estimated usage in the Xxxxxxxx (xxx xxxxxx xxxx xx xxxxxxxx xxxx) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for unbundled delivery service from Con Edison. Con Edison the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Subject to Tenant’s obligations specified in this Lease, Landlord shall provide the unbundled delivery service following amenities to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, Tenant and its employees at no additional cost to Tenant or its employees (other than recovery of Operating Charges as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.set forth herein):
Appears in 1 contract
Samples: Office Lease Agreement (Synchronoss Technologies Inc)
Services and Utilities. 5.1 Con Edison shallLandlord shall provide the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein or in any separate rider hereto):
(A) Electricity for standard office lighting fixtures, subject and equipment and accessories customary for offices (up to 280 hours per month) where: (1) the connected electrical load of all of the same does not exceed 4 wattx xxx rentable square foot of the Premises (which shall be calculated by reference to the terms average connected electrical load for the entire Premises and conditions of a separate License Agreement and/or amendment which may increase if and to the Easement Grantextent the standard for the Building increases beyond 4 wattx), in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two xnd (2) 27 kV feeder(s) for light and powerthe electricity will be at nominal 120 volts, which shall be owned by Power Authority from single phase (or 110 volts, depending on available service in the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURSBuilding), and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines277 volts, three phase. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority Tenant shall install, at its sole cost and expense, meters to measure its electrical usage.
(iB) its own water meter Heat and air-conditioning to provide a temperature consistent with temperature ranges provided for other tenants in the Building, and in accordance with applicable Law, for occupancy 1888 Century Park East [SCPIE Holdings Lease] 11 of the Premises under normal business operations, from 8:00 a.m. until 6:00 p.m. Monday through Friday, and from 9:00 a.m. until 1:00 p.m. on Saturday, except on Holidays (as defined in Article 25). If Tenant desires to use heat and air-conditioning during the hours other than during normal business operations as stated herein ("After-Hours HVAC"), Tenant shall have access on a floor by floor basis (with no start-up charge) to such After-Hours HVAC to the extent permitted under applicable laws and regulations at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment prevailing hourly rate per hour in the Astoria Annex SubstationBuilding at the time of such request, which rate shall be designed to cover the out-of-pocket expenses, and a reasonable allocation of overhead, of Landlord in supplying the After-Hours HVAC. As of the date of this Lease, the hourly rate for After-Hours HVAC in the Building is Thirty-Five Dollars (iii$35.00) its own revenue/electric meter per hour per floor, with a one (1) hour minimum order; Tenant acknowledges and agrees that such rate satisfies the "reasonable allocation of overhead" standard set forth in the immediately preceding sentence.
(C) Water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Property.
(D) Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the Premises.
(E) Operatorless passenger elevator service and freight elevator service (subject to reasonable scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors.
(F) Landlord shall provide such extra utilities or services as Tenant may from time to time request, if the same are reasonable and feasible for Landlord to provide and do not involve modifications or additions to the Property or existing Systems and Equipment (as defined in Article 25), and if Landlord shall receive Tenant's request within a reasonable period prior to the time such extra utilities or services are required. Landlord may comply with written or oral requests by any officer or employee of Tenant, unless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to 3 for each floor on which the Premises are located) and procedures for written requests. Tenant shall, for such extra utilities or services, pay such charges as Landlord shall from time to time reasonably establish. Such charges shall not be in excess of charges generally by landlords of Comparable Buildings for comparable utilities and services. All charges for such extra utilities or services shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing.
(G) Landlord shall provide such services to the Building that are consistent with the services provided by Comparable Buildings (consistent with the age of the Building and so long as such requirement can be met with the existing physical plant), the cost of which shall (except as otherwise specifically set forth in this Lease) be included in Operating Expenses. Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord under this Lease (including a system for Landlord's 1888 Century Park East [SCPIE Holdings Lease] 12 engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the existing Systems and Equipment), and Landlord's reasonable charges for such amount of excess services or utilities used by Tenant, subject to the above provisions for such charges. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease; Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages. If (a) heat, air-conditioning or any other utility is interrupted or discontinued, and Tenant is unable to reasonably use the Premises or at least one (1) floor thereof as a result of such interruption or discontinuance, and (b) Tenant shall have given written notice respecting such interruption or discontinuance to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within five (5) business days after receiving such notice, or an aggregate of thirty (30) business days in any calendar year after receiving one (1) or more such notices, Base Rent hereunder shall thereafter (but not retroactively) be proportionately abated with respect to the portion or portions of the Premises affected thereby for the PURS periods so affected, until such time as such heat or air-conditioning or other utility is restored. Such abatement of Base Rent shall be Tenant's sole recourse in the event of a discontinuance or interruption of heat or air-conditioning or any other utility. Notwithstanding the foregoing: (a) if any discontinuance or interruption of heat or air-conditioning or any other utility occurs (or continues) for reasons beyond Landlord's reasonable control or other than by reason of Landlord's failure to make repairs which Landlord is required to perform, such abatement of Base Rent shall be available only if and Pressurization Plants at to the Power Authority Property associated extent Landlord receives proceeds of rental interruption insurance with Q35L & Q35M Transmission Lines respect to the Base Rent payable by Tenant, and (ivb) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership abatement of all such revenue meters Taxes and Operating Expenses shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any available only if and all such services directly to the provider extent Landlord receives proceeds of rental interruption insurance with respect to such servicesTaxes and Operating Expenses payable by Tenant.
Appears in 1 contract
Samples: Office Lease (Scpie Holdings Inc)
Services and Utilities. 5.1 Con Edison shallLandlord shall furnish to the Premises, ---------------------- subject to the terms provisions of paragraph 5.3 of the Lease, lighting, water, electricity, gas, sewer and conditions of a separate License Agreement and/or amendment other utilities, elevator service, janitorial service, exterior window-washing, HVAC equipment and filter maintenance services pursuant to the Easement Grantstandard set forth in Section 1, above. All utilities, including, without limitation, water, electricity, gas and sewer, shall be available to the Premises 24 hours per day, every day throughout the term, in a form acceptable quantities sufficient for Tenant's normal business operations. Landlord shall also provide to Con Edison Tenant access to the Premises 24 hours per day, every day throughout the term. In the event that Tenant consumes services or utilities in its sole discretion, allow excess of that usually supplied to the Power Authority to Premises for use and occupy certain land at of the Con Edison LandsPremises as general office space, as preliminarily shown on reasonably determined by Landlord, and such services of utilities are not separately metered or otherwise directly paid for by Xxxxxx, then Landlord may under such circumstances establish a monthly prorata charge for Tenant's excess use or consumption of such services and utilities. notwithstanding any provisions of Article 9 of the SurveyLease to the contrary, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilitiesLandlord shall provide natural gas and electricity, including phone lines UPS and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and emergency power, which to the second floor of Building 1 and to the Premises through the Building's second floor house meters. Landlord, Tenant and Xxxxxx's second floor co-tenant, shall cooperate to establish fair and equitable methods for the proration of second floor costs of the natural gas and electricity supplied by Landlord. Such agreed upon methods shall be owned in writing and incorporated within the Lease. If no such methods can be agreed upon, the costs of such utilities shall be prorated by Power Authority from Landlord on a straight square-footage basis; provided, however, in the Y connection of event that said formula does not lead to a fair and equitable proration because the Con Edison System second floor tenants do not use electricity or other utilities in proportionally equal amounts, Landlord shall adjust said formula as necessary to the Astoria Annex Substation, power supply from the Power Authority’s transformers lead to the PURS, such fair and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesequitable proration. In obtaining the light and power for the Facility, Power Authority Any such proration shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded reviewed from time to timetime so that it accomplishes the purposes intended hereby. The charges for In either case, the Con Edison delivery services referenced herein prorated costs of such utilities shall be based on quantities of electricity that are delivered to additional rent due under the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementLease.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Multi Tenant Office R&d Building Lease (Protein Polymer Technologies Inc)
Services and Utilities. 5.1 Con Edison shall(a) Landlord agrees, subject without charge except as provided herein, and in accordance with standards reasonably established from time to time prevailing for office buildings in the Metropolitan Detroit Area, to furnish water to the terms Building for use in lavatories and conditions of a separate License Agreement and/or amendment drinking fountains (and to the Easement GrantPremises if the plans for the Premises so provide); during the hours from 8:00 a.m. to 6:00 p.m. on Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, (excluding holidays) to furnish such heated or cooled air to the Premises as may, in a form acceptable to Con Edison in its sole discretionthe judgment of Landlord, allow be reasonably required for the Power Authority to comfortable use and occupy certain land at occupancy of the Con Edison Lands, Premises provided that Tenant complies with the recommendations of Landlord's engineer regarding occupancy and use of the Premises; to provided janitorial services for the Premises (including such interior and exterior window washing as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, may be determined by Landlord but no less frequently than two (2) 27 kV feeder(stimes per year), such janitorial services to be provided after 6:00 p.m. five (5) days a week or Monday through Friday (excluding, legal holidays); during ordinary business hours to cause electric current to be supplied for light and power, which shall be owned by Power Authority from lighting the Y connection public portions of the Con Edison System Building or Building Complex; and to furnish such snow removal services to the Astoria Annex SubstationBuilding Complex as may, power supply from in the Power Authority’s transformers judgment of Landlord, be reasonably required for safe access to the PURSBuilding Complex. Landlord agrees to maintain the Building at a habitable level at all times and Tenant will have the ability to override the system to provide, at Tenant's cost, for HVAC before or after Building standard hours.
(b) Tenant hereby agrees to pay all charges with respect to electrical services furnished to or used within the Premises. Landlord agrees to provide and install appropriate meters at the extension Premises for measuring Tenant's consumption of dielectric oil cooling lines for the Q35L & Q35M Transmission Lineselectricity as part of Landlord's construction work pursuant to Paragraph 20 (a) hereof. In obtaining the light and power for the Facility, Power Authority Tenant shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The all such charges for electricity within ten (10) days after the Con Edison delivery services referenced herein shall be based on quantities date of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions submission of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.a monthly statement to
Appears in 1 contract
Samples: Office Building Lease (Michigan Heritage Bancorp Inc)
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Landlord shall furnish to the terms Premises air-conditioning and conditions of a separate License Agreement and/or amendment to heating during the Easement Grant, seasons they are required in a form acceptable to Con Edison in its sole discretion, allow accordance with the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, specifications attached hereto as Exhibit EF. Landlord shall provide: janitorial service on Monday through Friday only (excluding legal public holidays celebrated-’by the Executive Departments of the Federal Government) in accordance with the specifications attached hereto as Exhibit G; electricity; water; elevator service; and exterior window-cleaning service. The normal hours of operation of the Building will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except such holidays) and 9:00 a.m. to 12:00 p.m. on Saturday (except such holidays) and such additional hours, if any, as required to permit subsurface and/or aerial rights Landlord determines, If Tenant requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Tenant shall pay for telecommunications facilitiessuch extra service in accordance with Landlord’s then-current schedule. Notwithstanding the preceding sentence, including phone lines the parties agree that the cost of such extra service during the first Lease Year shall not exceed $35.68 per hour per floor during the cooling season and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from $38.87 per hour per floor during the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURSheating season, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities upon the actual cost of electricity and Landlord’s reasonable estimate of the incremental wear and tear upon the WAC equipment and the increased servicing expenses relating to such equipment resulting from such extra service. In no event, however, shall Landlord’s charge for depreciation and management or administrative services in connection with after-hours HVAC usage exceed fifteen percent (15%) of the other costs associated with the provision of such service. In the event that are delivered more than one tenant in the Building requests after-hours W A C service for a particular period, then the cost of furnishing such service shall be equitably prorated among all the tenants requesting such service. Upon reasonable prior written notice, Tenant shall be entitled to have access to Landlord’s books and records relating to the Facility cost of furnishing after-hours HVAC service and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison any proration of charges pursuant to the terms and conditions immediately-preceding sentence. The base-building HVAC system shall function within the Premises at a noise level not in excess of this Composite Agreement45 decibels.
5.2 Prior 14.2 If any interruption of utilities or services shall continue for more than four (4) consecutive business days and shall render any portion of the Premises unusable for the normal conduct of Tenant’s business, and if Tenant does not in fact use or occupy such portion of the Premises, then all Base Rent and additional rent payable hereunder with respect to such portion of the Premises shall be abated retroactively to the O&M Commencement Date, first (1st) business day of such interruption and such abatement shall continue until full use of such portion of the Power Authority Premises is restored to Tenant.
14.3 Landlord agrees to provide an access control system for the Building that will afford Tenant access to the Premises and to the Building garage twenty-four (24) hours per day every day of the year. Elevators shall install, at its sole cost and expense, (i) have floor-by-floor lockout capability. Tenant shall have the right to install its own water meter at security system for its Premises with Landlord’s approval, provided that no structural alteration of the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesBuilding is required.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallLandlord shall maintain, subject and make all necessary repairs to, the Building in a manner befitting a modern, first-class office building in Alexandria, Virginia, in accordance with all applicable laws and ordinances. Landlord shall furnish to the terms Premises air-conditioning and conditions of a separate License Agreement and/or amendment to heat during the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Landsseasons when they are required, as preliminarily shown determined in Landlord's reasonable judgment. Landlord shall also provide reasonably adequate electricity, water, exterior window-cleaning service, and char and janitorial service after 6:00 p.m. on the Survey, attached hereto as Exhibit EMonday through Friday only (excluding legal holidays), as required in Landlord's sole but not unreasonable judgment. Landlord will also provide elevator service; provided, however, that Landlord shall have the right to permit subsurface remove elevators from service as may be required for moving freight, or for servicing or maintaining the elevators and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection Building. The normal hours of operation of the Con Edison System Building will be 8:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays). There will be no normal hours of operation of the Astoria Annex SubstationBuilding on Sundays or legal holidays and Landlord shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by Tenant. Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, power supply from unless otherwise specified herein. It is also agreed that if Tenant requires air-conditioning or heat beyond the Power Authority’s transformers to the PURSnormal hours of operation set forth herein, and the extension Landlord will furnish such air-conditioning or heat, provided Tenant gives Landlord's agent sufficient advance notice of dielectric oil cooling lines for the Q35L & Q35M Transmission Linessuch requirement. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible Tenant hereby agrees to pay for any and all such services directly to the provider cost of such servicesextra service in accordance with Landlord's then current schedule of costs and assessments for such extra service.
Appears in 1 contract
Samples: Office Lease (Yellow Brix Inc)
Services and Utilities. 5.1 Con Edison shall(a) The parties acknowledge and agree that the Premises are not separately metered as of the Commencement Date. Landlord, at its sole cost and expense but subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison partial reimbursement pursuant to the terms Tenant’s Share of Operating Expenses, shall pay all charges for all gas, electricity, water, sewer, trash disposal, janitorial, pest control, and conditions other utility services used, rendered or supplied upon or in connection with the Premises and consistent with first class, Class A office space in the City of this Composite Agreement.
5.2 Prior to the O&M Commencement DateRichmond (collectively, the Power Authority “Services”). Janitorial services shall installbe provided nightly Monday through Friday, and shall include, without limitation, emptying wastebaskets, weekly vacuuming, and cleaning bathrooms, with furniture and surfaces to be dusted weekly. Subject to Section 13(b) below, Tenant, at its sole cost and expense, assumes full responsibility for procuring all other services necessary for the operation of the Premises for Tenant to conduct its business from the Premises, such as, but not limited to, high speed internet, telephone and cable, and Landlord shall reasonably cooperate with Tenant as to Tenant’s procurement of such services. The costs of the Services shall be included as an Operating Expense in accordance with the terms and conditions of Section 4 above.
(b) Tenant may request additional services of Landlord during any time period when Landlord is providing the Services, which additional services may include the costs and expenses incurred in connection with the maintenance, repair and replacement of all lighting fixtures, of whatever type and nature located within the Premises, water heaters, garbage disposals, generators and plumbing fixtures, and all pipes, conduits, wires, cables, vents, laterals, equipment or machinery ancillary or appurtenant thereto which are located within the Premises. Tenant shall be responsible for paying directly to Landlord, within ten (10) business days after request, the costs and expenses associated with such additional services.
(c) At all times during the Term, Landlord shall furnish to Tenant, heating and air conditioning, as applicable, using commercially reasonable efforts to provide such temperatures as are in line with industry standards and Class A office buildings in the immediate Richmond, Virginia metropolitan area, during the hours of be 8:00 a.m. through 6:00 p.m. Mondays through Fridays (collectively, “Normal Business Hours”), exclusive of Normal Business Holidays. For the purposes of this Lease, “Normal Business Holidays” includes, without limitation, New Year’s Day, Xxxxxx Xxxxxx Xxxx Xxx, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day and any other day on which the nationally recognized banks in the Commonwealth of Virginia are closed. If in the case of any holiday described in this Lease a different day is observed than the respective day described, then the day which constitutes the day observed by national banks in Richmond, Virginia, on account of such holiday will constitute the holiday under this Lease. Landlord agrees to use commercially reasonable efforts (i) its own water meter at to consistently set the Astoria Annex Substationtemperature for the Leased Premises to not less than 68℉ and not more than 74℉ (the “Preferred Temperature Settings”) during Normal Business Hours, excluding Normal Business Holidays, and (ii) to set the “set-back” for the Leased Premises outside of Normal Business Hours to no more than ten percent (10%) higher or lower, as applicable, than the foregoing Preferred Temperature Settings. In the event Tenant shall request in writing in advance that Landlord set the temperature for the Leased Premises to the Preferred Temperature Settings for an event or other purpose outside of Normal Business Hours, then Landlord shall use reasonable efforts to accommodate Xxxxxx’s request (and if Landlord is able to do so, Landlord shall estimate, in reasonable discretion, the additional amount expended by Landlord attributable to such period and shall invoice Tenant for such amount in writing accompanied by reasonable supporting documentation, which invoice Xxxxxx agrees to pay within thirty (30) days of receipt thereof).
(d) Notwithstanding the foregoing, if: (i) a failure or cessation of an essential utility (electric, power, gas, sewer or water) occurs due to the gross negligence or willful misconduct of Landlord (“Utility Interruption Event”), (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, remedy of such Utility Interruption Event is within the reasonable control of Landlord and (iii) its own revenue/electric meter for Landlord does not restore the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and essential utility loss within five (iv5) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Datebusiness days, ownership of all such revenue meters then Tenant shall be transferred entitled to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to receive an abatement of Rent payable hereunder during the provider period beginning on the sixth (6th) business days of such servicescessation and ending on the day when the essential utility service in question has been restored.
Appears in 1 contract
Samples: Lease Agreement
Services and Utilities. 5.1 Con Edison shall15.1 As part of Landlord's Operating Expenses, subject Landlord shall furnish to the terms and conditions of a separate License Agreement and/or amendment Premises the following services: (i) electricity to the Easement GrantCommon Area; (ii) heating and cooling to the Premises; (iii) water and sanitary sewer services to the Premises; (iv) janitorial services for the Premises (other than on Saturdays and Sundays and during Business Holidays) as set forth in Exhibit "D" and (v) ----------- repair of all exterior window and exterior glass door replacement and repair unless damage caused by the negligence of Tenant. Heating and cooling shall be furnished to the extent necessary to keep the temperature inside the Premises within the temperature range from 66?F to 74?F, in a form acceptable inclusive, between the hours of 8:00 a.m. and 7:00 p.m. only, Mondays through Fridays, Business Holidays excluded; provided, however, that if the exterior temperature exceeds 94?F, the interior temperature need only be 20?F cooler than the exterior temperature. If Tenant requires Landlord to Con Edison in its sole discretionprovide heating or cooling at any time other than the hours provided herein for such service, allow Landlord shall furnish such to Tenant within 48 hours of Tenant's request therefor, and Tenant shall pay provided to Landlord as Additional Rent on demand, the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, special hourly overtime charge which shall be owned by Power Authority from twenty-five ($25.00) per hour.
15.2.1 Throughout the Y connection of the Con Edison System Term, Landlord shall supply electrical energy, i.e. lights and outlets ("Tenant's Electric") to the Astoria Annex Substation, power supply from Premises upon the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the following terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, conditions: (i) its own water meter at the Astoria Annex SubstationTenant shall pay for such electrical energy as provided by this paragraph 15.2; (b) Landlord shall not be liable in any way to Tenant (a) for any loss, (ii) its own revenue/electric meters for equipment damage, failure, defect or change in the Astoria Annex Substation, quantity or character of electricity furnished to the Premises; (iiib) its own revenue/electric meter or if such quantity or character of electricity furnished to the Premises is no longer available or suitable for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and Tenant's requirements; or (ivc) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilitiescessation, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to diminution or interruption of the provider of such services.supply thereof;
Appears in 1 contract
Samples: Lease Agreement (Medarex Inc)
Services and Utilities. 5.1 Con Edison shall, subject Subject to the terms provisions of this Lease, Lessor shall furnish to Lessee the following services during the Lease Term:
(a) Janitorial service for the Leased Premises and the common areas, which shall initially be in accordance with the standards set forth on Exhibit "C" attached hereto and made a part hereof.
(b) Elevator service on a 24 hours per day, 365 days per year basis.
(c) Air conditioning and heating as reasonably required in Lessor's judgment for comfortable use and occupancy of the Leased Premises under normal office conditions of a separate License Agreement and/or amendment or in accordance with applicable governmental regulations or guidelines; provided, however, that (1) Lessor acknowledges and agrees that heating, ventilation and air conditioning will be provided to the Easement Grantseparately-metered Lab Area on a 24 hours per day, 365 days per year basis (the cost of which services shall be included in a form acceptable to Con Edison in its sole discretionthe "Lab Area Charge" (as hereinafter defined), allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light Lessor shall furnish heat and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery air conditioning service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, remainder of the Office Space 24 hours' per day on weekdays only (excluding holidays observed by Lessor).
(d) Electricity for normal office use.
(e) Tempered and refrigerated water at those points of supply provided for general use of other lessees in the Complex.
(f) Building security service as it may be revised or superseded modified from time to timetime by Lessor, which service (as of the date of this Lease) consists of a reception desk in the first floor lobby of the Building which is manned from 8:00 A.M. to 6:00 P.M. on weekdays (other than holidays observed by Lessor) and an access card key system for after-hours access to the Building. Lessor shall not be responsible for providing any security service or system dedicated to Lessee's Leased Premises.
(g) Landscaping, snow and ice removal from exterior paved areas. The charges for cost to Lessor of providing the Con Edison delivery above-referenced services referenced herein shall be based on quantities included in Operational Expenses or Utility Expenses, as more particularly provided in Section 7. No interruption or malfunction of electricity that are delivered any such services shall constitute an eviction or disturbance of Lessee's use and possession of the Leased Premises or Building or a breach by Lessor of any of its obligations hereunder or otherwise render Lessor liable for damages or entitle Lessee to be relieved from any of its obligations hereunder or grant Lessee any right of abatement, set-off or recoupment. Unless expressly set forth in this Section, Lessor shall have no obligation to provide any utility or service to the Facility Leased Premises or the Building. Notwithstanding anything in this Lease to the contrary if Lessee shall give Lessor written notice ("Abatement Notice") of an "Abatement Event" (as hereinafter defined), and that are metered at if such Abatement Event continues beyond the revenue meters. All such utility/services facilities "Eligibility Period" (as hereinafter defined), then the Base Rent and Lessee's other monetary obligations to Lessor shall be owned abated entirely or proportionately reduced, as the case may be, after expiration of the Eligibility Period for such time that Lessee continues to be so prevented by the Power Authority continuation of the Abatement Event from using, and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Datedoes not use, the Power Authority shall installLeased Premises or a substantial portion thereof, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for proportion that the PURS and Pressurization Plants at Rentable Area of the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for portion of the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.Leased
Appears in 1 contract
Samples: Lease Agreement (Equallogic Inc)
Services and Utilities. 5.1 Con Edison shall14.1 From and after the Lease Commencement Date, subject Landlord will provide to the terms Premises: During Building Hours, air‑conditioning and conditions heating during the seasons they are required at such temperatures and in such amounts standard for comparable buildings in the Las Colinas submarket; janitorial service after 5:30 p.m. on Monday through Friday only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window‑cleaning service. If Tenant requires air‑conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday), provided, however, that Landlord will cooperate in good faith to accommodate Tenant's needs in the event Tenant is unable to satisfy the 2:00 p.m. notice requirements. Tenant shall pay for such extra service at a separate License Agreement and/or amendment to the Easement Grant, in charge of per hour per floor (with a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(shour minimum) during the initial Lease Term; provided, however, Landlord shall provide up to one hundred (100) hours of overtime HVAC to the Premises per Lease Year at no charge to Tenant. To the extent Tenant provides or contracts for light and powerany services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord's prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty‑four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building and the Parking Facility at times other than Building Hours. A reasonable number of access cards or other means of access (not to exceed the Access Card Allotment shall be owned provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Power Authority from Landlord to the Y connection specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant's Agents, employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Con Edison System Building shall, at Landlord's discretion, be required to the Astoria Annex Substation, power supply from the Power Authority’s transformers sign in and out.
14.2 Landlord shall not have any liability to the PURSTenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the extension event of dielectric oil cooling lines Landlord's failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if all or a portion of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use all of a portion of the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to a proportionate abatement of the Base Rent and Additional Rent payable hereunder for the Q35L & Q35M Transmission Linesperiod beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord's reasonable control to correct. In obtaining Notwithstanding the light foregoing, if the entire Premises is unusable for a period of ninety (90) or more consecutive days due to Landlord's failure (or inability) to furnish the foregoing services, and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service such failure is not due to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison a casualty pursuant to the terms provisions of Article XVII, then Tenant shall have the right to terminate this Lease upon delivery to Landlord of written notice within one hundred (100) days after the commencement of such failure.
14.3 The first floor auditorium in the 6031 Building shall be available for Tenant's non-exclusive use during the Term (with the same capacity, quality of finish, and conditions levels of maintenance and service as on the date of this Composite AgreementLease) on a first-come, first-served basis at Landlord's current market rates. Subject to availability and on a reservation basis, Tenant shall have the right to use the auditorium for one (1) full day per month at no charge during the initial Lease Term.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Office Lease Agreement (Alliance Data Systems Corp)
Services and Utilities. 5.1 Con Edison shall(a) Subject to all the terms and provisions of this Agreement, the Port Authority will furnish without additional charge to the Lessee the following:
(1) Heat, ventilation and air cooling ("HVAC") during the hours of 8:00 o'clock A.M. to 8:00 o'clock P.M. on normal business days in the premises in accordance with the design criteria and capacities set forth in Schedule D attached to this Agreement and hereby made a part hereof subject to the provisions of paragraph (b) of Section 12 of this Agreement entitled "Construction by the Lessee'. In the event the Lessee requires heat, ventilation and air cooling at times other than as provided herein ("overtime HVAC") the same shall be made available to the premises, provided that a designated representative of the Lessee makes an oral request for such service by contacting the World Trade Center Tenant Support Office (currently 435-85 15) not later than 4:00 o'clock P.M. of the business day for which overtime HVAC is required (such advance notice requirement being subject to change by the Port Authority from time-to-time upon reasonable notice to the Lessee). Thereafter on such business day, the Lessee may request overtime HVAC by oral request made by the Lessee's designated representative and directed to the World Trade Center Operations Control Center, and the Port Authority shall endeavor in good faith to fulfill such request but shall have no liability to the Lessee whatsoever for its inability or failure to do so. The Lessee shall pay for such overtime HVAC at the Port Authority's standard, published per fan hour rate for overtime HVAC charged to other tenants at the World Trade Center, as such rate may be increased from time to time by the Port Authority. Subject to the foregoing, the Port Authority's standard, published per fan per hour rate for overtime HVAC on the date of this Agreement is $27.50.
(2) Access to the premises 24 hours per day, 365 days per year throughout the term of this Agreement, subject to Lessee's compliance with the terms Rules and conditions of a separate License Agreement and/or amendment to Regulations, and with such other reasonable rules and regulations which may be imposed by the Easement GrantPort Authority, in a form acceptable to Con Edison in its sole discretionincluding, allow without limitation, regulations establishing reasonable security checks; Credit Suisse 042799
(3) Six (6) passenger elevator cars servicing the Power Authority to use premises from the lobby on business days during normal business hours and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority passenger elevator cars servicing the premises from the Y connection lobby at all other times.
(4) In the event the Lessee, in accordance with the provisions of Section 50 of this Agreement, elects to have the Port Authority provide cleaning services in the premises, then the Port Authority will provide cleaning services in any portion of the Con Edison System premises comprising an entire floor as described in Schedule B attached hereto and hereby made a part hereof, and cleaning services in any portion of the premises not comprising an entire floor as described in Schedule B-1 attached hereto and hereby made a part hereof The Port Authority will under no circumstances supply cleaning services in the premises prior to August 1, 2000.
(5) Without additional charge, non-exclusive access to the Astoria Annex Substationfreight elevator cars in the freight elevator bank serving the loading dock in the basement of Five World Trade Center on business days during the hours of 6:00 o'clock A.M. to 8:00 o'clock P.M. on call, power supply from on a "first come, first served" basis in common with all other tenants and occupants of the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power World Trade Center.
(6) The Port Authority shall obtain furnish non-exclusive toilet and pay for unbundled delivery service from Con Edison. Con Edison washroom facilities on any floor in which any Area not comprising an entire floor is located.
(7) The Port Authority shall provide the unbundled delivery service to use of the Power loading docks in the World Trade Center on a "first come, first served" basis.
(i) The Port Authority under Con Edison’s Delivery Service Rate Scheduleshall furnish cold water, PASNY No. 4of the character furnished by the municipality or utility company supplying the same in the vicinity, and hot water, at a temperature of approximately 120K, both in reasonable quantities, for use by the Lessee through such fixtures and outlets as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned installed by the Power Authority and shall be maintained Lessee in any kitchens (but not including pantries which do not have a stove or conventional ovens), cafeteria or private bathrooms installed in the premises by Con Edison the Lessee pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior . The Port Authority shall measure the quantities of such cold and hot water supplied to the O&M Commencement DateLessee by meters to be installed by the Port Authority in any kitchens or cafeteria installed in the premises and in any private bathrooms in the premises, and the Power Lessee shall pay to the Port Authority shall install, for such cold water and hot water as billed by the Port Authority from time to time at its sole cost and expense, the following rates: (i) its own cold water meter at the Astoria Annex Substationrate of Forty-three Dollars and Fifty-four Cents ($43.54) per thousand cubic feet, and (ii) its own revenue/electric meters hot water at the rate of Seventy-four Dollars and Forty-five Cents ($74.45) per thousand cubic feet; the charges to be subject to increase from time to time by reason of increase in rates charged the Port Authority as provided in paragraph (g) of this Section 42, and with respect to the charge for equipment metered hot water to also be subject to increase from time to time as follows: "Wage rate" as used in this paragraph shall mean the hourly straight time wage rate for Engineers as that wage rate is established from time to time by collective bargaining agreement between the Realty Advisory Board on Labor Relations, Incorporated, acting on behalf of various building owners, and Local 94 of the International Union of Operating Engineers, AFL-CIO, and "basic wage rate" shall mean the wage rate in effect on January 1, 1998. From and after the effective date of each wage rate established during the term of the letting under this Agreement, the Lessee shall pay charges for metered hot water in addition to the charge set forth above, such additional charge to be an amount computed by multiplying the said charge (as the same may have been theretofore increased pursuant to the provisions of paragraph (h) of this Section 42) by the percentage increase in the Astoria Annex Substationwage rate so established over the basic wage rate. If either the Realty Advisory Board on Labor Relations, (iii) its own revenue/electric meter for Incorporated, or Local 94 of the PURS and Pressurization Plants at International Union of Operating Engineers, AFL-CIO shall cease to exist or a collective bargaining agreement shall cease to be negotiated between the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement DateRealty Advisory Board on Labor Relations, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.Credit Suisse 042799
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Landlord shall furnish to the terms Premises year-round ventilation and conditions of a separate License Agreement and/or amendment to air conditioning and heat during the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Landsseasons when they are required, as preliminarily shown determined in Landlord's reasonable judgment. Landlord shall also provide reasonably adequate electricity, water, exterior window-cleaning service, and char and janitorial service after 6:00 p.m. on the Survey, attached hereto as Exhibit EMonday through Friday only (excluding legal holidays), as determined in Landlord's reasonable judgment, and in accordance with standards customarily provided in first class office buildings in the Bethesda, Maryland area. Landlord will also provide elevator service; provided, however, that Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Office Complex. At least one elevator cab shall be available for use by Tenant at all times. The normal hours of operation of the Office Complex will be 7:30 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays), and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays). There will be no normal hours of operation of the Office Complex on Sundays or legal holidays and Landlord shall not be obligated to maintain or operate the Office Complex at such times unless special arrangements are made by Tenant. The services and utilities required to permit subsurface and/or aerial rights be furnished by Landlord, other than electricity and water, will be provided only during the normal hours of operation of the Office Complex, except as otherwise specified herein. It is agreed that if Tenant requires air conditioning or heat beyond the normal hours of operation set forth herein, Landlord will furnish such air conditioning or heat, provided Tenant gives Landlord's agent sufficient advance notice of such requirement and Tenant agrees to pay for telecommunications facilitiesthe cost of such extra service in accordance with Landlord's then current schedule of costs and assessments for such extra service. Landlord agrees to provide a security system in the Office Complex comparable to security systems in first class office buildings in the Bethesda, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerMaryland area, which shall permit Tenant to have access to the Premises on a 24-hour, seven-days-a-week basis.
14.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's failure or inability to furnish any of the utilities or services required to be owned furnished by Power Authority Landlord hereunder, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that any such failure or inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Y connection Premises and, except as provided in Section 14.3 below, shall not entitle Tenant to terminate this Lease or, except as expressly provided in Section 14.3 below, to an abatement of the Con Edison System any rent payable hereunder.
(a) Notwithstanding provisions of Section 14.2 to the Astoria Annex Substationcontrary, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, if (i) its own water meter at the Astoria Annex Substationservices described in Section 14.1 hereof are interrupted for a period of more than ten (10) consecutive business days, (ii) its own revenue/electric meters for equipment in the Astoria Annex SubstationLandlord has not commenced or is not diligently pursuing curing such interruption, (iii) its own revenue/electric meter for such interruption is not the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines result of strikes, unavailability of parts or other materials, or any other cause beyond Landlord's control, and (iv) at such interruption renders all or a substantial portion of the Premises unusable by Tenant, then Tenant shall be entitled to a pro rata abatement of rent beginning on the eleventh (11th) consecutive business day that the Premises are unusable and continuing until the use of the Premises is restored to Tenant.
(b) Landlord will use its reasonable efforts (including, in Landlord's sole discretion, reasonable expenditures of money), but Landlord shall not be obligated to litigate or otherwise bring suit or other locations court action against the applicable utility, to cause the restoration of any interrupted utility services; further, should any equipment or machinery in the Building break down so as Con Edison reasonably requests to render the Premises unusable by Tenant, Landlord shall promptly repair or replace it (subject to delays which result from strikes, unavailability of parts or other materials, or other matters beyond Landlord's control).
(c) In no event shall Landlord have any liability to Tenant for any claims based on the interruption of or loss to Tenant's business or for any consequential damages or indirect losses which may arise, directly or indirectly, from any failure or inability to provide services or utilities.
14.4 The parties hereto agree to comply with all mandatory and voluntary energy conservation controls and requirements applicable to office buildings that are imposed or instituted by the Federal, State of Maryland or Montxxxxxx Xxxnty governments, including without limitation, controls on the permitted range of temperature settings in office buildings, and requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Office Complex. Any terms or conditions of this Lease that conflict or interfere with compliance with such controls or requirements shall be suspended for the Facilityduration of such controls or requirements. On It is further agreed that compliance with such controls or before requirements shall not be considered an eviction, actual or constructive, of Tenant from the O&M Commencement Date, ownership Premises and shall not entitle Tenant to terminate this Lease or to an abatement of all such revenue meters any rent payable hereunder.
14.5 Tenant shall be transferred to Con Edison. The Power Authority shall establish accounts reimburse Landlord for any services/utilitiesexcess water usage in the Premises. "Excess water usage" shall mean the excess of Tenant's water usage during any billing period for water services over the estimated average water usage during the same period for other tenants of the Office Complex, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicescomputed by Landlord.
Appears in 1 contract
Samples: Lease Modification and Extension Agreement (E Centives Inc)
Services and Utilities. 5.1 Con Edison shall14.1. Subject to Tenant’s obligations specified in this Lease: (a) Landlord will furnish to the Premises air-conditioning and heating during the seasons they are required in Landlord’s reasonable judgment, and (b) Landlord will provide janitorial service on Monday through Friday (or, at Landlord’s option, Sunday through Thursday) only (excluding legal public holidays), electricity sufficient for lighting purposes and normal office use only, water, elevator service (wit at least one (1) elevator in operation at all times, except in the event of an emergency), and exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (initially, such extra service shall be provided at the rate of $27.50 per hour, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded increase from time to time). The charges To the extent Tenant provides or contracts for any services to the Con Edison delivery services referenced herein Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent), Tenant shall enter into and maintain a service contract therefore with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. From time to time, at Landlord’s request, Tenant shall provide Landlord with copies of all service contracts. Notwithstanding anything above to the contrary, Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Access after normal business hours shall be based on quantities of electricity by a perimeter electronic access system (it being agreed that are delivered Landlord may impose a reasonable charge for all card-keys or similar devices issued to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementTenant).
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall(a) As long as an Event of Default shall not exist, Landlord shall provide the following services and utilities during normal business hours on all days except Sundays and federal and state holidays, or unless otherwise stated below. Cost of such services shall be included as an Operating Cost.
(i) when necessary during normal business hours, central heating and air conditioning in the Common Areas at temperature levels customary for comparable office buildings in the immediate vicinity;
(ii) janitorial services five business days per week; and
(iii) at least one elevator, to be used in common with other tenants. “Normal business hours” for purposes of clause (a) above shall be deemed to mean the periods from 8:30 a.m. until 5:30 p.m. on business days (Monday through Friday). Tenant shall nonetheless have access to the Premises and elevators twenty-four (24) hours a day, subject to and in accordance with any security procedures that Landlord may have in place.
(b) Tenant shall be responsible for all electricity to the terms Premises, including lights, outlets, VAV boxes, and conditions Tenant’s proportionate share of the air handling units on the floor, and after-hours HVAC service to the Premises. Tenant shall pay for electric current supplied to or used in the Premises. Except for electricity serving the air handling units on the floor, electric service shall be separately metered and billed directly to Tenant, and Tenant shall make payments directly to the service provider. Landlord shall not be liable to Tenant for damages arising as a result of service interruptions caused by any electric service provider.
(c) Any failure by the Landlord to furnish any of the foregoing services or utilities to the Building, resulting from circumstances beyond the Landlord’s reasonable control or from interruption of such services due to repairs or maintenance shall not render the Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of the Tenant, nor cause an abatement of rent hereunder, nor relieve the Tenant from any of its obligations hereunder. Notwithstanding the foregoing to the contrary, Tenant shall be entitled to receive a rent abatement in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder if (a) Landlord is not proceeding diligently and in good faith to correct such failure and inability and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of ten (10) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises using such period. If any public utility or governmental body shall require the Landlord or the Tenant to restrict the consumption of any utility or reduce any service for the Building, the Landlord and the Tenant shall comply with such requirements, whether or not the services and utilities referred to in this section 8 are thereby reduced or otherwise affected, without any liability on the part of the Landlord to the Tenant or any other person or any reduction or adjustment in rent payable hereunder.
(d) Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a separate License Agreement and/or amendment greater capacity than the facilities existing, such installation shall be subject to Landlord’s prior written approval of Tenant’s plans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Easement GrantPremises.
(e) Landlord shall cause to be operated a trash removal service for the Project, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use costs and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, expenses of which shall be owned by Power Authority from a part of Operating Costs. In the Y connection event that Tenant’s use of the Con Edison System Premises requires trash removal services in excess of that required for standard office tenants, Tenant shall pay to Landlord, as additional rent all costs and expenses in excess of the Astoria Annex Substation, power supply from the Power Authority’s transformers trash removal costs which are attributable to the PURS, and the extension of dielectric oil cooling lines such excess usage.
(f) The Landlord does not warrant that any utilities provided by any utility company for the Q35L & Q35M Transmission Lines. In obtaining Building or the light and power for Landlord will be free from shortages, failures, variations or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con EdisonLandlord’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to timereasonable control. The charges for the Con Edison delivery services referenced herein Landlord in no event shall be based on quantities liable for damages by reason of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Dateshortage, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On failure or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilitiesvariation, including serviceswithout limitation loss of profits, specified in Section 5.1 as applicablebusiness interruption or other incidental or consequential damages unless caused by Landlord or its agents, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesemployees and/or contractors.
Appears in 1 contract
Samples: Office Lease (Millennial Media Inc.)
Services and Utilities. 5.1 Con Edison shallLandlord will furnish reasonably adequate water, lavatory supplies, fluorescent tube replacements, automatically operated elevator service, maintenance and preventive maintenance service for the heating and air conditioning equipment (but not the cost of electricity for the operation of said equipment), and cleaning and char service in accordance with Exhibit E attached hereto (Monday through Friday, excluding holidays). The HVAC service provided by Landlord to the Premises shall be separately metered and controlled by Tenant and such service within the Premises shall be available to Tenant 24 hours a day, seven (7) days a week at no additional cost to Tenant. The HVAC specifications are set forth in Schedule 4 to the Work Agreement. Landlord agrees that (a) the Building condenser water system shall be available to Tenant 24 hours a day, seven (7) days a week at no additional cost to Tenant and (b) all main self contained air conditioning units serving the Premises shall be available to Tenant 24 hours a day, seven (7) days a week at no additional cost to Tenant, except for the cost of electricity to operate such units. The hours of 7:00 a.m. to 6:00 p.m. on Mondays through Fridays (exclusive of federal holidays) and from 9:00 a.m. to 1:00 p.m. on Saturdays (exclusive of federal holidays) are the "Building Hours." Tenant shall have access to the Premises 24 hours a day, seven (7) days a week (subject to the terms rules and conditions regulations established from time to time by Landlord). There will be a minimum of a separate License Agreement and/or amendment one (1) elevator in operation at all times (i.e., 24 hours per day, 7 days per week) outside the Building Hours. Tenant shall not permit anyone, except for Tenant's employees and authorized guests to enter the Easement GrantBuilding at times other than the normal hours of operation of the Building. Tenant will comply, in a form acceptable and will cause its permitted sublessees and their respective employees to Con Edison in its sole discretioncomply, allow with all governmental regulations and orders concerning separation and recycling of trash and rubbish. Tenant shall promptly pay when due for all electricity used for the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerPremises, which shall be owned measured by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered a meter (installed by Landlord at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its Landlord's sole cost and expense) that measures the electrical usage for the Premises. If the Premises are separately submetered, Tenant shall be responsible for contracting directly with the local electricity supplier. If the Premises are not separately submetered, Landlord shall determine, based upon the ratio that the square footage of the Premises bears to t he total square footage covered by such meter, the amount that Tenant will be billed for electrical usage each month and Tenant shall pay such charge within ten (i10) days after demand therefor. In addition, Tenant will be billed by Landlord each month for Tenant's Operating Expense Percentage for the actual and direct charge of electricity for the Building and Tenant shall pay such charge within ten (10) days after demand therefor. The parties agree to comply with all mandatory and voluntary energy conservation controls and requirements applicable to office buildings that are imposed or instituted by the federal or District of Columbia governments, including, without limitation, controls on the permitted range of temperature settings and requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Any terms or conditions of this Lease that conflict with compliance with such controls or requirements shall be suspended for the duration of such controls or requirements. It is further agreed that compliance with such controls or requirements shall not be considered an eviction, actual or constructive, of Tenant and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. It is understood and agreed that Landlord shall not be liable for failure to furnish or for delay or suspension in furnishing, any of the utilities or services required to be provided or performed by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, voluntary agreement between Landlord and any governmental body or agency or from any other cause whatsoever. It is further agreed that any such failure or inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Landlord shall use reasonable diligence to repair promptly any failure, interruption or suspension which is within Landlord's control. Notwithstanding the foregoing, if any interruption of utilities or services, which is due to the negligence of Landlord, its own water meter at agents or employees, shall continue for more than three (3) consecutive business days and shall render any portion of the Astoria Annex SubstationPremises unusable for the normal conduct of Tenant's business, and if Tenant does not in fact use or occupy such portion of the Premises, then all rent payable hereunder with respect to such portion of the Premises that Tenant does not occupy shall be abated retroactively to the first (ii1st) its own revenue/electric meters business day of such interruption and such abatement shall continue until such utility or service is fully restored to Tenant. Provided that if such interruption continues for equipment more than thirty (30) consecutive business days, Tenant shall have the right to terminate this Lease upon written notice to Landlord delivered within ten (10) days after such 30-day period. Thereupon, this Lease shall terminate and expire on the date set forth in such notice, which date shall not be earlier than the date of the interruption of services nor more than ninety (90) days after the date of such notice. Except in the Astoria Annex Substationcase of an emergency, Landlord will give Tenant at least five (iii5) its own revenue/electric meter days prior notice if Landlord intends to interrupt any services required to be furnished by Landlord hereunder. Within twenty (20) days after Landlord's receipt of Tenant's written request that the Premises be cleaned only by United States citizens, Landlord shall cause the Premises to be cleaned only by United States citizens. Tenant shall be responsible for the PURS any additional costs and Pressurization Plants at the Power Authority Property expenses associated with Q35L & Q35M Transmission Lines and (ivTenant's request; provided, however, that if any other tenant(s) at other locations as Con Edison reasonably requests for in the Facility. On or before Building also requires this service, the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority tenants requiring this service shall be solely responsible to pay for any additional costs and all such services directly expenses in proportion to the provider amount of space leased by such servicestenant in the Building. Landlord shall make reasonable efforts so as not to incur unnecessary cost and expense with respect to this service.
Appears in 1 contract
Samples: Office Lease (Identix Inc)
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Landlord shall furnish to the terms Premises year-round ventilation and conditions of a separate License Agreement and/or amendment to air conditioning and heat during the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Landsseasons when they are required, as preliminarily shown determined in Landlord's reasonable judgment. Landlord shall also provide reasonably adequate electricity, water, exterior window-cleaning service, and char and janitorial service after 6:00 p.m. on the Survey, attached hereto as Exhibit EMonday through Friday only (excluding legal holidays), as determined in Landlord's reasonable judgment, and in accordance with standards customarily provided in first class office buildings in the Bethesda, Maryland area. Landlord will also provide elevator service; provided, however, that Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Office Complex. At least one elevator cab shall be available for use by Tenant at all times. The normal hours of operation of the Office Complex will be 7:30 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays), and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays). There will be no normal hours of operation of the Office Complex on Sundays or legal holidays and Landlord shall not be obligated to maintain or operate the Office Complex at such times unless special arrangements are made by Tenant. The services and utilities required to permit subsurface and/or aerial rights be furnished by Landlord, other than electricity and water, will be provided only during the normal hours of operation of the Office Complex, except as otherwise specified herein. It is agreed that if Tenant requires air conditioning or heat beyond the normal hours of operation set forth herein, Landlord will furnish such air conditioning or heat, provided Tenant gives Landlord's agent sufficient advance notice of such requirement and Tenant agrees to pay for telecommunications facilitiesthe cost of such extra service as additional rent in accordance with Landlord's then current schedule of costs and assessments for such extra service. Landlord agrees to provide an access system in the Office Complex comparable to access systems in first class office buildings in the Bethesda, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerMaryland area, which shall permit Tenant to have access to the Premises on a 24-hour, seven-days-a-week basis.
14.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's failure or inability to furnish any of the utilities or services required to be owned furnished by Power Authority Landlord hereunder, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. Any such failure or inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Y connection Premises, or a violation of the Con Edison System covenant of quiet enjoyment and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder.
(a) Notwithstanding provisions of Section 14.2 to the Astoria Annex Substationcontrary, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, if (i) its own water meter at the Astoria Annex Substationservices described in Section 14.1 hereof are interrupted for a period of more than ten (10) consecutive business days, (ii) its own revenue/electric meters for equipment in the Astoria Annex SubstationLandlord has not commenced or is not diligently pursuing curing such interruption, (iii) its own revenue/electric meter for such interruption is not the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines result of strikes, unavailability of parts or other materials, or any other cause beyond Landlord's control, and (iv) at such interruption renders all or a substantial portion of the Premises unusable by Tenant, then Tenant shall be entitled to a pro rata abatement of rent beginning on the eleventh (11th) consecutive business day that the Premises are unusable and continuing until the use of all or a substantial portion of the Premises is restored to Tenant.
(b) Landlord will use its reasonable and good faith efforts (including, in Landlord's sole discretion, reasonable expenditures of money) to cause the restoration of any interrupted utility services; further, should any equipment or machinery in the Building break down so as to render the Premises unusable by Tenant, Landlord shall promptly repair or replace it (subject to delays which result from strikes, unavailability of parts or other locations as Con Edison reasonably requests materials, or other matters beyond Landlord's control).
14.4 The parties hereto agree to comply with all mandatory and voluntary energy conservation controls and requirements applicable to office buildings that are imposed or instituted by any public authority, including but not limited to, controls on the permitted range of temperature settings in office buildings, and requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Office Complex. Any terms or conditions of this Lease that conflict or interfere with compliance with such controls or requirements shall be suspended for the Facilityduration of such controls or requirements. On Compliance with such controls or before requirements shall not be considered an eviction, actual or constructive, of Tenant from the O&M Commencement DatePremises or a violation of the covenant of quiet enjoyment and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder.
14.5 Tenant shall reimburse Landlord as additional rent for any excess water usage in the Premises. "Excess water usage" shall mean the excess of Tenant's water usage during any billing period for water services over the estimated average water usage during the same period for other tenants of the Office Complex, ownership as computed by Landlord. Landlord agrees that normal office use of all such revenue meters the existing improvements in the Premises and any improvements to the Premises shown on the Space Plan which utilize water, shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesconsidered standard water usage.
Appears in 1 contract
Samples: Lease Agreement (Cta Incorporated)
Services and Utilities. 5.1 Con Edison shall(a) Landlord shall furnish to the Premises (through the existing Building system), during normal hours of operation of the Building, air-conditioning and heat (as separately submetered) during the seasons when they are required, as and to the extent determined in Landlord's reasonable judgment. Landlord shall also provide separately metered electricity to the Premises and water, 24 hours per day, for standard office equipment, as and to the extent determined by Landlord. Landlord is not providing any janitorial services to the Premises. Tenant shall have access to the Building and the Premises twenty-four (24) hours per day, every day of the year, subject to exclusion during emergencies or repairs if, in Landlord's sole judgment, such exclusion is necessary; provided, however, that access through the terms Building's main lobby shall be subject to security procedures (e.g. the presentation of identification) as may be adopted by Landlord or the International Bank for Reconstruction and conditions Development (a/k/a The World Bank) from time to time and that elevator access outside normal business hours may be restricted by requiring the use of electronic access cards or similar means. All electronic access cards, keys, or their equivalents will be provided at Tenant's expense. Landlord shall have the right to remove elevators from service as may be required for moving freight or for servicing or maintaining the elevators and/or the Building; provided, however, that except in emergencies or following a casualty, Landlord will also provide at least one elevator subject to call; and, provided further, that elevators shall be used for access to the Permanent Premises only for disabled persons, when the staircase identified in the following sentence is under repair, or as may otherwise be required by law. In lieu of greater elevator access to the Permanent Premises, Tenant shall be afforded access 24 hours per day, every day, except in emergencies or when Landlord is performing repairs thereon, via a staircase that leads from the Permanent Premises to the 00xx Xxxxxx street entrance to the Building.
(b) The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 9:00 a.m. to noon on Saturday (except legal holidays), subject, however, to the right of the International Bank for Reconstruction and Development (a/k/a The World Bank) to change the same to be any consecutive twelve (12) hour period Monday-Friday and any consecutive three (3) hour period on Saturdays. There will be no normal hours of operation of the Building on Sundays or legal holidays and Landlord shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by Tenant. Such special arrangements shall include, but are not limited to, the activation of the air-conditioning units as well as an additional hourly charge to activate the cooling towers; such charge includes components for Landlord's electric charges, chemical treatment costs, labor and overhead, and the cost of water, but does not include any profit to Landlord. Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building unless otherwise specified herein.
(c) Tenant shall also be responsible for and agrees to pay the cost of all above-standard or non-standard uses of the utilities and services provided to the Premises. The parties acknowledge and agree that the Premises is separately metered for all electrical usage, and that the Premises' HVAC service is powered by electrical consumption measured on such separate meter. Except
(i) for the electrical costs associated with the provision of HVAC service to the Premises (which costs Tenant agrees to pay to Landlord promptly when billed), or (ii) to the extent such charges are permitted to be included in the sums constituting Annual Operating Charges, Landlord shall not charge Tenant for the electrical portion of HVAC service to the Premises.
(d) Tenant shall pay Landlord as additional rent for all electrical usage in the Premises as measured by the submeter installed therein. If such submeter covers an area (e.g., the Permanent Premises) that is larger than the area to which this Lease then applies (e.g., if possession of the Phase II Premises has not yet been delivered to Tenant), then electrical usage for the area covered by the submeter shall be equitably apportioned based on relative square footage (unless usage differs widely so that such an apportionment would itself be inequitable, in which event Landlord may make an allocation based upon its own reasonable judgment of what would be equitable under the circumstances). Prior to the installation of such submeter and the levying of additional rent for the use of electricity under the preceding sentences, Tenant shall pay Landlord, as additional rent for electric usage during normal hours of Building operation and at a building-standard level, Seventeen Cents ($0.17) per year per rentable square foot in any part of the Premises for which fixed monthly rent is not then abated under Section 3.1 above, such rent to be payable in equal monthly installments in advance on the Lease Commencement Date and thereafter on the first day of each calendar month until the submeter is operational (with a per diem refund if the submeter becomes operational on a day other than the first day of a separate License Agreement and/or amendment to calendar month); there shall be no charge for electrical usage under this sentence for any part of the Easement GrantPremises for which fixed monthly rent is abated under Section 3.1 above.
(e) Tenant shall provide, at its own cost and expense, janitorial services in a form acceptable to Con Edison the Premises in its sole discretion, allow compliance with the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, cleaning specifications attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.D.
Appears in 1 contract
Samples: Lease Agreement (Edutrek Int Inc)
Services and Utilities. 5.1 Con Edison shallLandlord shall maintain and replace, subject if necessary, the roof, the exterior and the Site (as defined below), the Building, the structural components of the Building, including without limitation, load-bearing walls, the mechanical, electrical, sprinklers, the generator, plate glass, plumbing and HVAC systems of the Building, the parking areas and landscape areas and public and common areas of the Building (such as lobbies, stairs, elevators, corridors and rest rooms) in good order and first class condition, unless such maintenance or replacement is necessitated by the negligence of Tenant or its employees, guests or contractors. Landlord shall furnish the Premises with: (i) electricity sufficient for standard consumption for general office lighting and the operation of personal and main-frame computers, typewriters, and other office machines of similar electrical consumption; provided, however, that if the installation of such electrical equipment requires additional air-conditioning capacity above that considered the standard capacity for a building of this type, the additional air-conditioning installation and operating costs shall be paid by Tenant; (ii) heat and air-conditioning during reasonable and usual business hours, 8:00 a.m. to 6:00 p.m. Monday through Fridays and on Saturdays from 8:00 a.m. through noon. (exclusive of Sundays and State and National holidays) and such additional hours as Landlord may deem appropriate; (iii) continuous elevator service, (iv) lighting replacement (limited to building standard fluorescent and incandescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas), (v) rest room supplies, (vi) janitorial service on a five (5) day/week basis, excluding normal business holidays, (vi) hot and cold water and (viii) security in the form of limited access to the terms and conditions Building during other than normal business hours. Additional usage of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, utilities or other such services as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it described herein may be revised purchased by the Tenant at a standard hourly or superseded daily rate as agreed from time to timetime between Landlord and Tenant. The charges for the Con Edison delivery services referenced herein After hours heating, ventilation, and air-conditioning may be requested by Tenant at as set forth in Exhibit “C”. Landlord shall be based on quantities of electricity that are delivered use reasonable efforts to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment remedy any interruption in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider furnishing of such services. It is understood that Landlord does not warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of accident or repairs, alterations or improvements necessary to be made, by labor disputes, by accident, by inability to obtain any essential material or service, by acts of God, by acts of war, terrorism or bioterrorism, or by any cause beyond the reasonable control of Landlord, or by orders or regulations of any federal, state, county or municipal authority. Landlord shall not be liable for any loss of computer data or other damages resulting from a failure of electrical power. Any such interruption or suspension of services shall never be deemed an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for damages. Landlord will use reasonable efforts in the event of a strike to secure parties not involved in the labor dispute to provide minimum services for cleaning rest rooms, waste removal, and janitorial services. Notwithstanding the foregoing, in the event that Tenant’s utilities are disrupted due to the negligence of Landlord and such disruption prevents Tenant from operating its business at the Premises for more than seventy-two (72) hours, Tenant shall be entitled to an abatement of Rent from and after the expiration of such seventy-two (72) hour period, during the period it cannot operate its business, until such time as such utilities are restored. In the event of any such interruption of any such services, Landlord shall use reasonable diligence to restore such service in any circumstances in which such interruption is caused by Landlord’s fault. Tenant shall notify Landlord in writing of any need for an increase in power usage or if Tenant’s power usage increases over and above its existing usage. Whenever heat-generating machines or equipment or lighting other than building standard lights are used in the Premises by Tenant that unreasonably affect the temperature otherwise maintained by the air-conditioning units in the Premises, the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon billing by Landlord, which billing shall be accompanied by appropriate invoices. If Tenant installs lighting requiring power in excess of standard consumption in the Building for general office use, as defined under “(i)” in the second paragraph of this section, or if Tenant installs equipment requiring power in excess of standard consumption for general office use, as defined under “(i)” in the second paragraph of this section, Tenant shall pay to Landlord upon billing the entire cost of such excess power as Additional Rent, together with the entire cost and expense of installing and maintaining any additional risers, meters, panels, wiring or other facilities that may be necessary to furnish such excess power to the Premises and separate accounting therefor.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall13.1 Provided Tenant shall not be in default under this Lease, and subject to the terms and conditions other provisions of a separate License Agreement and/or amendment this Lease, Landlord agrees to furnish to the Easement GrantPremises during ordinary business hours (8:00AM to 6:00PM) on generally recognized business days (but exclusive in any event of Sundays and legal holidays), in a form acceptable the following services and utilities subject to Con Edison in its sole discretion, allow the Power Authority to use rules and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection regulations of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the Premises; (c) cleaning and janitorial service; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from in time to time in Landlord's judgment be reasonably required; and, (f) equipment to bring to Tenant's meter, electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as Additional Rent, for all electricity used by Tenant in the Premises and Tenant shall pay as Additional Rent, for Tenant’s Proportionate Share of electricity used in the operation, maintenance, repair and management of the Building, including all common areas. The charges for the Con Edison delivery services referenced herein charge shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All rates charged for such utility/services facilities shall be owned by the Power Authority local public utility. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not be maintained liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by Con Edison pursuant reason of Landlord's failure to furnish any of the terms and conditions of this Composite Agreement.
5.2 Prior to foregoing; provided, however, in the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, event that (i) its own water meter any heat, air conditioning, electric, water, or sewer (the “Primary Utilities”) are not available for use by the Tenant at the Astoria Annex SubstationPremises for a period of five (5) consecutive days, and the cause of such non availability is due to something in Landlord’s control, or (ii) its own revenue/electric meters if the Building is not available for equipment in use for a period of five (5) consecutive days due to the Astoria Annex Substationviolation or alleged violation of any Environmental Laws, (iii) its own revenue/electric meter then Tenant shall have the right thereafter to xxxxx rent on a per diem basis for each day that any of the PURS and Pressurization Plants at Primary Utilities or the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations Building are not available for use by the Tenant.
13.2 Should Tenant require any additional work or service, as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilitiesdescribed above, including servicesservices furnished outside ordinary business hours specified above, specified in Section 5.1 as applicableLandlord may, in its own name. The Power Authority shall on terms to be solely responsible agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay to Landlord as Additional Rent such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any and all systems being used to provide such services directly service. As of the date of this Lease, the after-hours charge for HVAC is $40 per hour. This charge is subject to change during the provider term of such servicesthe Lease.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallA. Subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord shall furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditions as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgment, customarily furnished in comparable first class office buildings in the immediate Foster City market area, and elevator service, which shall mean servxxx xxther by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges and agrees that Tenant's use of the Premises after ordinary business hours (defined as 7:00 a.m. to 6:00 p.m.) and outside of generally recognized business days (generally recognized business days shall not include Saturdays, Sundays, and legal holidays) imposes additional burden on the Project's janitorial services, fluorescent light tubes, HVAC and electrical service, and other common area utilities and services. Accordingly, any such after hours use of such utilities or other services will be made available and will be billed as an after-hour Rent assessment. After-hours use may be metered by Landlord with a bypass timer located on the applicable floors of the Building or through establishment of a monthly after hours assessment based upon Landlord's reasonable estimate of Tenant's usage. Such costs will be payable by Tenant to Landlord within thirty (30) days after demand as Additional Rent. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting 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.
B. Tenant shall not without written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as reasonably determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed. Landlord shall not be liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building, whether by Regulation or otherwise, nor shall any such occurrence constitute an actual or constructive eviction of Tenant. Notwithstanding the foregoing, if such condition is caused solely by Landlord's active negligence and not by Tenant or matters which are within Tenant's control, and if such condition exists for more than fifteen (15) consecutive business days after notice to Landlord and materially interferes with Tenant's use of a material portion of the Premises, rental payments with respect to that portion of the Premises so affected, shall abate after such fifteen (15) day period, in the proportion that the xxxxable area of the affected area bears to the total rentable area of the Premises, until such interference no longer exists or Tenant reoccupies such portion of the Premises. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the terms and conditions limitations of a separate License Agreement and/or amendment to the Easement Grantany such voluntary, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesreasonable program. In obtaining addition, Landlord reserves the light and power for right to change the Facility, Power Authority shall obtain and pay for unbundled delivery supplier or provider of any such utility or service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges Tenant shall have no right to contract with or otherwise obtain any electrical or other such service for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered or with respect to the Facility Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On any supplier or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesservices designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith.
C. Tenant shall pay, upon demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant, Tenant's Proportionate share of all charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
Appears in 1 contract
Samples: Sublease (Imanage Inc)
Services and Utilities. 5.1 Con Edison shallLandlord shall provide the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein or in any separate rider hereto):
(A) Heat and air-conditioning from 7:00 a.m. until 6:00 p.m. Monday through Friday, except on Holidays (as defined in Article 25), and on Saturdays from 8:00 a.m. until 1:00 p.m. The Building standard heating, ventilating and air conditioning system is set forth in Exhibit C to the Work Agreement, and Landlord shall maintain the system in accordance therewith, subject to adjustments pursuant to mandatory and voluntary compliance by Landlord with Laws relating to energy use. Landlord shall not be responsible for inadequate air-conditioning or ventilation to the terms extent the same occurs because Tenant uses any item of equipment consuming more than 500 xxxxx at rated capacity without providing adequate air-conditioning and conditions ventilation therefor. Whenever heat generating machines or equipment installed by Tenant affect the temperature otherwise maintained by Landlord in the Premises, or whenever the occupancy or electrical load exceeds the air conditioning standards set forth by Landlord, Landlord shall be relieved of responsibility for maintaining such standards and in such event Tenant shall, promptly, following delivery of written notice by Landlord to Tenant, either (i) discontinue use of such heat generating machines or equipment, or (ii) install supplementary air conditioning units in the Premises, the cost, installation, operation and maintenance of which shall be paid by Tenant to Landlord at such rates as Landlord generally charges tenants in the Building from time to time, which rates shall be available in the office of the Building. Tenant has requested, and Landlord has consented to, the installation of a separate License Agreement and/or amendment supplemental HVAC unit for the Sixteenth Floor Premises, the size of which shall be subject to Landlord's reasonable approval and the installation of which shall be performed in accordance with plans approved in advance by Landlord. The maximum available amount of supplemental air conditioning capacity that is connected to the Easement GrantBuilding's condenser water riser and available to Tenant for such supplemental HVAC unit is 15 tons per full floor of the Premises. Tenant may re-allocate a portion of the supplemental air conditioning capacity that is available to the Premises toward a particular floor of the Premises, provided that in no event may Tenant's allocation of supplemental air conditioning capacity to a single floor of the Premises exceed thirty (30) tons. Tenant will cooperate with Landlord and abide by all regulations and requirements which Landlord may prescribe for the proper functioning of the ventilating and air conditioning systems.
(B) Water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Property.
(C) Customary office cleaning and trash removal service, Monday through Friday evenings, in a form acceptable to Con Edison and about the Premises, in its sole discretion, allow accordance with the Power Authority to use Cleaning and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, Janitorial Specifications attached hereto as Exhibit D.
(D) Operatorless passenger elevator service and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors.
(E) Tenant shall have access to the Building twenty-four (24) hours per day, seven (7) days per week. After normal business hours, access to the Building will be provided using a key card or other similar access and monitoring system. A security representative of Landlord will be at the Property twenty-four (24) hours per day, seven (7) days per week.
(F) Landlord shall seek to provide such extra utilities or services as required Tenant may from time to permit subsurface and/or aerial rights time request, if the same are reasonable and feasible for telecommunications facilitiesLandlord to provide and do not involve modifications or additions to the Property or existing Systems and Equipment (as defined in Article 25), including phone lines and communication linesif Landlord shall receive Tenant's request within a reasonable period prior to the time such extra utilities or services are required. Landlord may comply with written or oral requests by any officer or employee of Tenant, water linesunless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to 3 for each floor on which the Premises are located) and procedures for written requests. Tenant shall, for potable water protectionsuch extra utilities or services, two (2) 27 kV feeder(s) pay the rates that Landlord generally charges tenants in the Building for light and powersuch utilities or services, which rates shall be owned by Power Authority from available in the Y connection office of the Con Edison System Building and are subject to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded adjustment from time to time. The All charges for the Con Edison delivery such extra utilities or services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered due at the revenue meters. All such utility/services facilities same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be owned by due within thirty (30) days after such billing. In the Power Authority event Tenant shall fail to make payment for such additional services, Landlord may, in addition to all other remedies which Landlord may have for the non-payment of Rent and without notice to Tenant, discontinue any or all such additional services, and such discontinuance shall not be maintained by Con Edison pursuant to held or pleaded as an eviction or as a disturbance in any manner whatsoever of Tenant's possession, or relieve Tenant from the terms and conditions payment of Rent when due, or vary or change any other provision of this Composite Agreement.
5.2 Prior to the O&M Commencement DateLease, the Power Authority shall install, at its or render Landlord liable for damages of any kind whatsoever. At Tenant's sole cost and expense, the Premises shall be separately metered and Tenant shall pay directly to the utility company all electricity charges with respect to Tenant's electrical consumption within the Premises. Tenant's use of electrical service shall not exceed the safe and lawful capacity of the Building's existing electrical circuits, which are designed to and shall provide a total of 7.5 xxxxx per rentable square foot for all Tenant requirements, including lighting, outlets and supplemental air conditioning. In the event that Tenant requires HVAC service outside of the normal Building hours set forth in Article 7(A) above, Landlord shall seek to provide same, provided that Landlord shall receive Tenant's request within a reasonable period prior to the time such extra HVAC service is needed. Landlord may comply with written or oral requests by any officer or employee of Tenant. Tenant shall pay the rates that Landlord generally charges tenants in the Building for such extra HVAC service, which rates shall be available in the office of the Building and are subject to adjustment from time to time. All charges for extra HVAC service shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing. Landlord's current charges for extra HVAC service are $50 to $60 per hour. Tenant shall pay for the cost of all supplemental air conditioning capacity used by Tenant based on the rates that Landlord generally charges tenants in the Building for such usage, which rates shall be available in the office of the Building and are subject to adjustment from time to time. Landlord's current charges for supplemental air conditioning capacity is $30 per ton per month. Alternatively, Tenant may pay for supplemental air conditioning capacity based upon Tenant's actual usage thereof as determined through Tenant's installation of a meter off the riser that measures Tenant's use thereof. Landlord agrees to operate and maintain the Building in accordance with the standard of other comparable first-class office buildings in the Chicago loop area. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, stream, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages. Notwithstanding anything to the contrary in the Lease, in the event that there shall be an interruption, curtailment or suspension of the Building's elevator, electricity or HVAC service or water supply in the manner required to be provided in this Article 7 (and no reasonably equivalent alternative service or supply is provided by Landlord and Tenant is unable to and does not use the Premises or more than 20,000 rentable square feet of the Premises as a result of such interruption, curtailment or suspension (a "SERVICE INTERRUPTION"), and if (i) its own water meter at the Astoria Annex Substationsuch Service Interruption shall not have been caused, in whole or in part, by an act or omission or negligence of Tenant, or of Tenant's agents, employees, contractors or visitors, (ii) its own revenue/electric meters for equipment such Service Interruption does not arise as a result of a matter, event or condition affecting the general area in which the Astoria Annex SubstationProperty is located, such as a city-wide power outage, and (iii) its own revenue/electric meter Tenant shall have given written notice respecting such Service Interruption to Landlord, such Service Interruption continues for more than five (5) consecutive business days after Landlord receives such notice, Rent hereunder shall thereafter be abated in the same proportion as the portion of the Premises affected by the Service Interruption bears to the entire Premises from the end of such five (5) consecutive business day period until such time as such services or utilities are restored or Tenant begins using the Premises (or affected portion thereof) again for the PURS conduct of Tenant's business, whichever shall first occur. If a Service Interruption occurs and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines if (i) such Service Interruption shall not have been caused, in whole or in part, by an act or omission or negligence of Tenant, or of Tenant's agents, employees, contractors or visitors, and (ivii) such Service Interruption does not arise as a result of a matter, event or condition affecting the general area in which the Property is located, such as a city-wide power outage, Tenant may terminate this Lease if Landlord fails to substantially complete the cure of such Service Interruption within one hundred twenty (120) days after commencing the same, subject to extension due to force majeure (as defined in Article 10), provided that such extension for force majeure shall not exceed thirty (30) days. In order to exercise the foregoing termination right, Tenant must send Landlord written notice of termination specifying the basis for termination at other locations any time after the expiration of the 120 day period (as Con Edison reasonably requests for the Facilitysame may be extended by reason of force majeure) described in the preceding sentence. On or before Such termination right shall not be available to Tenant if Landlord substantially completes the O&M Commencement Date, ownership cure of all such revenue meters Service Interruption prior to receiving Tenant's termination notice. Such abatement of Rent and termination right shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified Tenant's sole recourse in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider event of such servicesa Service Interruption.
Appears in 1 contract
Samples: Office Lease (Participate Com Inc)
Services and Utilities. 5.1 Con Edison (a) Subject to Tenant’s obligations specified in this Lease, Landlord shall provide the following services, each in a manner consistent with other first class office buildings in Washington D.C.: (1) heating, ventilation and air-conditioning (“HVAC”) furnished to the Premises during the Building Hours in the seasons they are required and in accordance with the terms of Exhibit N; (2) janitorial service on Monday through Friday only (excluding the holidays set forth in Section 1.12 of this Lease (after 6:30 p.m. within the Premises and substantially in accordance with the specifications set forth in Exhibit I attached hereto), (3) electricity of up to seven (7) wxxxx per rentable square foot for Tenant’s normal office power usage (provided that Landlord agrees to provide up to ten (10) wxxxx per rentable square foot in the event Tenant demonstrates to Landlord Tenant’s need for such additional wattage), (4) standard hot and cold water in the Building standard bathrooms for lavatory and drinking purposes at all times subject to repair, maintenance and emergency, (5) elevator service (with at least two (2) elevators in operation at all times, except in the event of an emergency), (6) exterior window-cleaning service which shall be provided in accordance with the cleaning specifications attached hereto as Exhibit J; (7) landscaping and snow removal during the seasons they are required. If in any applicable portion of the Premises an excessive and unreasonable amount of equipment are stored, used or operated beyond in excess of the applicable design requirements for such space, Landlord shall not be liable for any failure to maintain comfortable atmosphere conditions in such portion of the Premises or any applicable portion of the Premises directly impacted by such portion of the Premises, including due to excessive heat generated by any equipment or machinery installed by Tenant. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same, subject to repair and maintenance from time to time, provided Tenant gives Landlord (i) with respect to a weekday that is part of Building Hours, written notice prior to 3:00 pm on such weekday, (ii) with respect to a Saturday that is part of Building Hours, written notice prior to 3:00 pm on the immediately preceding Friday (provided that such Friday is part of Building Hours (i.e., it is not a holiday) and if such Friday is not part of Building Hours, then prior to 3:00 pm on the last day that is part of Building Hours immediately preceding such Saturday) and (iii) with respect to a Sunday or any other day that is not part of Building Hours, written notice prior to 3:00 pm on the last weekday that is part of Building Hours immediately preceding such Sunday or other day that is not part of Building Hours, and each such written notice shall include the requested duration of such after hour HVAC, and the applicable floor(s) and zone(s). Tenant shall pay, as additional rent, for such extra service a per-hour, per-zone charge in accordance with Landlord’s standard cost schedule, as it may be increased from time to time (based on the actual cost incurred by Landlord to provide such services without a profit increment but taking into consideration the time of any Building engineer or property manager and additional wear and tear on the Building systems); provided, however that in no event shall Tenant be charged more for such service on an hourly basis than any other tenant in the Building is charged. As of the date of this Lease, the current charge for such service is Fifty-Five Dollars ($55.00) per-hour, per-zone with two zones on each floor. If the same after-hours service is also requested by other tenants on the same floor as Tenant, the charge therefor to each tenant requesting such after-hours service shall be a pro-rated amount based upon the square footage of the leased premises of all tenants on the same floor requesting such after-hours services. Landlord agrees to provide an access-control system in the Building comparable to the system in first-class office buildings in the downtown Washington, D.C. area, which is designed to provide secured access to tenants of the Building and Landlord designees only. A description of such access-control system is attached as Exhibit G. Such access-control system shall permit Tenant to have access to the Premises on a 24-hour, seven-days-a-week basis (except in the event of emergency). Landlord shall, at its cost, provide an initial set of access cards to the Building and the Garage in an amount equal to the number of employees of Tenant who work at the Premises as of the Lease Commencement Date; provided, however, that any replacement or additional cards requested by Tenant after the Lease Commencement Date shall be provided by Landlord and Tenant shall reimburse Landlord for Landlord’s cost therefor. In addition, upon Landlord’s reasonable approval, which may include reasonable additional security procedures, Tenant shall have the right, at Tenant’s sole cost and as an Alteration subject to the terms of Article X, to install its own access-control system for the Premises to restrict access to the Premises and conditions to provide for the use of the existing fire stairs for internal travel within the Premises and Tenant shall have the right, upon the reasonable approval of Landlord, to tie such additional access-control system into the access-control system for the Building. Landlord shall, as part of Operating Expenses, use commercially reasonable efforts to cause the main Building lobby exterior door to only provide access to the Building by a security or proximity card after 7 p.m. until the next weekday morning at 7 a.m., at which point such door may provide access to the Building without a security or proximity card (subject to remaining open from time to time for special events). Landlord shall, as part of Operating Expenses, (i) provide for at least one (1) security guard to be in the Building on a 24-hour, seven-days-a-week basis, and (ii) cause commercially reasonable procedures to be in place that require visitors to the Building to sign-in a log upon entry. In the event Landlord offers any other material amenities or services to any other tenants of the Building, such amenities or services shall be offered to Tenant on the same basis as offered to other tenants of the Building.
(b) Landlord may install checkmeters to electrical circuits serving Tenant’s equipment to verify that Tenant is not consuming excessive electricity. If such checkmeters indicate that Tenant’s average electricity consumption is excessive, then Landlord may install at Tenant’s expense submeters to ascertain Tenant’s actual electricity consumption, and Tenant shall thereafter pay for such consumption over ten (10) wxxxx per rentable square foot at the then-current price per kilowatt hour charged Landlord by the utility. Tenant’s electricity consumption shall be deemed excessive if the electricity consumption in the Premises per square foot of rentable area (including, without limitation, electricity consumed in connection with outlets and lighting use) during any billing period exceeds ten (10) wxxxx per rentable square foot.
(c) Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean more than twenty percent (20%) above the estimated usage in the Premises (per square foot of rentable area) during any billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord.
14.2 Tenant’s employees who work in the Building on a regular basis may use the Fitness Center (which may be unattended) at no additional cost to Tenant or Tenant’s employees throughout the Lease Term (as extended) on a non-exclusive, first-come, first-served basis, twenty-four (24) hours per day each day of the year (except in the event of an emergency and subject to reasonable rules and regulations). Notwithstanding the foregoing terms of this Section 14.2, Landlord shall have the right to terminate the operation of the Fitness Center if such use becomes prohibited by applicable Laws or if insurance for the Fitness Center is no longer available (it being understood that Landlord may pass through increases in the cost of insurance for the Fitness Center as an Operating Expense pursuant to the terms of Article V hereof). Landlord shall provide an access-control system for the Fitness Center consistent with the access-control system for the Building which is designed to provide secured access to tenants of the Building and Landlord’s designees only, and in addition, Landlord shall provide a combination-style lock on the entrance door to each of the mens’ and womens’ changing rooms (the combination to which will be made readily available to all applicable parties). Landlord shall specifically condition the use of the Fitness Center by any person upon such person’s execution of a separate License Agreement and/or amendment written waiver and release holding Landlord harmless from any and all liability, damage, expense, cause of action, suit, claim, judgment and cost of defense arising from injury to such employee or guest occurring in the Easement Grant, in a Fitness Center or resulting from the use thereof. Landlord’s form acceptable to Con Edison in its sole discretion, allow of such waiver as of the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, date hereof is attached hereto as Exhibit EE. Neither Landlord nor Landlord’s agents or partners, as required shall have any liability to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water linesTenant or its Invitees, for potable water protectionany damage, injury, loss, expense, compensation or claim whatsoever arising out of the use of the Fitness Center. Further, Tenant agrees to indemnify and save harmless Landlord and its agents and partners from and against any and all such damages, injuries, losses, expenses, compensation or claims (including attorneys’ fees) arising from the use of the Fitness Center by Tenant or its Invitees, unless such damage, loss or injury results from the intentional misconduct or gross negligence of Landlord, its employees or agents, or from Landlord’s failure to maintain the Fitness Center in accordance with the terms of this Lease. Landlord shall cause the half-lockers that are in each of the mens’ and womens’ changing rooms as of the date of this Lease to remain in the respective changing rooms, but if Landlord relocates the Fitness Center in accordance with the terms of this Lease, Landlord shall cause each of the relocated mens’ and womens’ changing rooms to each have at least twenty (20) half-lockers. Landlord shall cause the Fitness Center to have at least one (1) changing room for the men and women. Tenant acknowledges and agrees that Landlord shall not be obligated to modify or upgrade such bathrooms in such changing rooms notwithstanding the terms of Section 7.1 or anything else to the contrary in this Lease (unless required by applicable law, in which case any such upgrade or modification will be performed by Landlord as part of Operating Expenses). If Landlord relocates the Fitness Center, Landlord shall cause the (i) mens’ changing room to have no less than three (3) shower stalls, one (1) toilet, one (1) urinal and one (1) sink with mirror, and (ii) womens’ changing room to have no less than three (3) shower stalls, two (2) 27 kV feeder(stoilets, and one (1) for light and powersink with mirror, which relocated changing rooms and such specified improvements will be ADA compliant. Landlord shall be owned by Power Authority from have the Y connection of right to relocate the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded Fitness Center from time to timetime within the Building, provided that (i) Landlord shall use commercially reasonable efforts to minimize any limitations on the use of the Fitness Center during any such relocation (ii) all costs incurred by Landlord to relocate the Fitness Center shall not be Operating Expenses under the terms of this Lease, and (iii) after relocation, the new Fitness Center conforms to the requirements of this Lease. The charges for size of the Con Edison delivery services referenced herein Fitness Center (including any locker room and shower areas) shall at all times be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue metersno less than approximately 2,500 gross square feet. All such utility/services facilities Landlord shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall installinitially provide, at its sole cost and expenseexpense (and not as a Base Year Operating Expense) the equipment (or reasonable substitutes) identified on Exhibit L attached hereto, (i) its own water meter and thereafter, Landlord shall maintain at the Astoria Annex Substationleast the equipment (or reasonable substitutes) identified on Exhibit L during the Lease Term.
14.3 Landlord shall not have any liability to Tenant, (ii) its own revenue/electric meters for equipment and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the Astoria Annex Substationevent of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord under this Lease (a “Service Failure”); provided, however, that if all or substantially all of the Premises is rendered untenable or inaccessible for a continuous period of seven (iii7) its own revenue/electric meter consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default is continuing under this Lease, Tenant shall be entitled to an abatement of the Base Rent payable under this Lease for the PURS period beginning on the day after such seven (7) business day period ends and Pressurization Plants at continuing until the Power Authority Property associated with Q35L & Q35M Transmission Lines and Premises is rendered tenantable. Notwithstanding the foregoing terms of this Section 14.3, if all or substantially all of the Premises is rendered untenable or inaccessible because of a Service Failure for a continuous period of one hundred eighty (iv180) at other locations as Con Edison reasonably requests for days, then Tenant shall have the Facility. On right to terminate this Lease upon the delivery of written notice to Landlord; provided, however, if Landlord causes all such applicable utilities or services to be restored before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider date that is thirty (30) days after Landlord’s receipt of such servicestermination notice from Tenant, Tenant’s termination will not be effective and the Lease will remain in full force and effect.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall(A) Landlord shall provide the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein):
(i) Electrical service to operate the Common Areas of the Building, and electrical capacity of not less than 8 xxxxx per rentable square foot of the Premises to a point of connection at the Building for Tenant, as is customarily required for the use of standard and customary office lighting, electrical outlets, equipment and accessories consistent with the level of service of other office building properties of the same class, age and in the geographic vicinity of the Building. The cost of separately metering or sub-metering any electrical or other utility service, if any, shall be borne by Tenant, and Tenant shall be responsible for paying all costs and expenses associated with all electricity or other utility services used or consumed in, or provided to, the Premises.
(ii) Air-conditioning for the Common Areas of the Building to provide a temperature required, in Landlord’s reasonable opinion and in accordance with applicable Law, under normal business operations during “Normal Business Hours” for the Building (which are 7:00 a.m. to 7:00 p.m. on Mondays through Fridays, and 8:00 a.m. to 1:00 p.m. on Saturdays, except on Holidays (as defined in Article 24).
(iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and, subject to Landlord’s approval, water at Tenant’s expense for any private restrooms and office kitchen requested by Tenant.
(iv) Operatorless passenger elevator service (if the terms Building has such equipment serving the Premises) and conditions of a separate License Agreement and/or amendment freight elevator service (if the Building has such equipment serving the Premises), subject to scheduling and reasonable charges by Landlord, in common with Landlord and other tenants and their contractors, agents and visitors. The passenger elevator shall be available twenty-four (24) hours per day, seven (7) days per week, subject to interruption due to maintenance, repair, replacement, and Force Majeure Delays.
(v) Access to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, Premises and the extension Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours.
(vi) Replacement of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light all Building standard lighting tubes and power for the Facilitybulbs, Power Authority shall obtain if any, located in Common Areas.
(B) A base building chilled water air conditioning system is currently maintained by Duke Energy Generation Services of Boca Raton, LLC and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall hereafter be maintained by Con Edison another vendor designated by Landlord. Chilled water consumed by Tenant shall be separately metered. Tenant shall be responsible for the cost of the meter and installation thereof and the cost of Tenant’s HVAC and chilled water consumed in the Premises. Tenant shall have the ability to change its cooling days and hours at any time. Tenant shall be permitted to add variable air volume boxes (“VAV’s”) to the ductwork, at locations approved by Landlord, and at Tenant’s expense, to allow Tenant to cool only the Premises upon request. Landlord’s prior written approval shall be required to the plans and specifications for such VAV’s. Tenant shall have the right to install its own supplemental HVAC unit in the Premises, which may run off of the local supplier’s riser, provided that the plans and location for installation of such supplemental HVAC unit are approved by Landlord in writing in advance and all metering and installation charges and costs for consumption shall be at Tenant’s expense.
(C) Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities which are not separately metered and are used by Tenant in excess of those required to be provided by Landlord under this Article (including a system for Landlord’s engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the existing Systems and Equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant.
(D) Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord’s reasonable control (each, a “Force Majeure Interruption”). None of the same shall be deemed an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent (except as provided in the last sentence of this Section 7(D)), or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages. In the event that services or utilities that Landlord is obligated to provide pursuant to this Lease are interrupted and such interruption is in Landlord’s reasonable control and renders a material portion of the terms Premises untenantable and conditions Tenant actually ceases operation of this Composite Agreement.
5.2 Prior to its business in such portion of the O&M Commencement DatePremises as a result thereof, then, except as otherwise provided in Article 12 hereof (which provisions shall govern the Power Authority shall installoccurrence of an event described in such Article), at its sole cost and expense, then (i) if such condition continues for a period of more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Base Rent and Additional Rent on a proportionate basis with respect to the applicable portion of the Premises for the period of time from the beginning of the three (3) business day period until the day preceding the earlier of the date on which (x) such services or utilities are restored in a manner fit for Tenant’s normal use of the Premises, and (y) Tenant recommences operation of its own water meter at business in the Astoria Annex Substationapplicable portion of the Premises, and (ii) if such condition continues for more than sixty (60) days and such condition is in Landlord’s control, the Tenant shall have the right to terminate the Lease upon written notice to Landlord.
(E) Landlord agrees to provide and maintain an electronically controlled access system for the Common Areas of the Building during the Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence or willful misconduct, the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its own revenue/electric meters reasonable judgment. Said access system is not intended to serve as security for equipment the Premises or otherwise for individual tenant-occupied spaces or suites. Tenant shall be responsible for the cost of all access cards issued with respect to the Premises for the Electronic Access System.
(F) Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by Landlord in accordance with the approval process set forth in the Astoria Annex SubstationWorkletter, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicableor, in its own name. The Power Authority shall be solely responsible to pay for any and all the event that such services directly to system is installed after completion of the provider Tenant Work, in accordance with the approval of such services.Alterations under
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Landlord will furnish to the terms Premises air-conditioning and conditions of a separate License Agreement and/or amendment heating during the seasons they are required in Landlord's reasonable judgment. Landlord will provide: janitorial service on Monday through Friday (excluding holidays); electricity; water; elevator service; and exterior window-cleaning service. The Building's normal operating hours are 8:00 a.m. to 6:00 p.m. on Monday through Friday (excluding holidays) and 9:00 a.m. to 1:00 p.m. on Saturday (excluding holidays) and such other hours as Landlord and Tenant reasonably determine. Notwithstanding anything to the Easement Grantcontrary contained in this Lease, if any interruption of utilities or services shall continue for more than three (3) consecutive business days and shall render any portion of the Premises unusable for the normal conduct of Tenant's business, then all Base Rent and additional rent payable hereunder with respect to such portion of the Premises which Tenant does not occupy shall be abated retroactively to the first (1st) business day of such interruption and such abatement shall continue until full use of such portion of the Premises is restored to Tenant. Except in a form acceptable the case of an emergency, Landlord will give Tenant at least three (3) business days prior notice if Landlord intends to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as interrupt any services required to permit subsurface and/or aerial rights for telecommunications facilitiesbe furnished by the Landlord. Landlord shall endeavor in good faith and use its commercial best efforts to promptly commence and diligently pursue to completion any work reasonably necessary to restore the utility or service so interrupted. Landlord, including phone lines at Landlord's expense, shall provide Building card key access equipment and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection initial card keys to each of Tenant's employees as of the Con Edison System Lease Commencement Date. Tenant shall pay for replacement card keys. Notwithstanding any of the foregoing to the Astoria Annex Substationcontrary, power supply from the Power Authority’s transformers Tenant and Tenant's employees shall have access to the PURSBuilding and Premises twenty-four (24) hours a day, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facilityseven (7) days a week, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement365 days a year.
5.2 Prior 14.2 Tenant shall pay directly to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters VEPCO for equipment all electricity consumed in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the FacilityBuilding. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.ARTICLE
Appears in 1 contract
Samples: Lease Agreement (TNS Inc)
Services and Utilities. 5.1 Con Edison shallLandlord shall provide, during the appropriate seasons of the year, air conditioning and heating during the Leased Premises Hours set forth in Item 8 of the BLI Rider, electric current for lighting, incidentals and normal office use; and water at those points of supply provided for general use of Tenant at all times. Landlord shall have the right to operate the heating, ventilating, and air-conditioning ("HVAC") system (“HVAC System”) in the most energy-efficient manner possible within the limits established in the Building design, and in accordance with any directive, policy or request of a governmental, quasi-governmental, public or other authority. The Building shall include a computerized energy management system provided at Landlord’s expense that operates the HVAC system in on-off cycles to control electrical demand and energy consumption. Extra hours of heating, ventilating, and air-conditioning (i.e., all times other than during Leased Premises Hours) will be provided to Tenant upon Tenant's request with at least twenty four (24) hours' advance notice on a previous business day. Tenant will be charged Fifty and No/100 Dollars ($50.00) per hour for such service outside of Leased Premises Hours, subject to annual escalations in the terms amount of three percent (3%). Landlord shall provide electric current for lighting, incidentals and conditions normal office use. All replacement tubes for such Building standard lighting fixtures shall be provided and installed by Landlord as part of Building Operating Expenses and all bulbs and tubes for other than Building standard lighting fixtures shall be provided and installed by Tenant at Tenant's sole cost and expense. Landlord shall furnish cold water from county water mains for drinking, lavatory and toilet purposes, and hot water for lavatory purposes from the regular Building supply. Landlord will provide reasonably adequate lavatory supplies for restrooms in the Common Areas. Landlord will also provide exterior window cleaning service and five (5) days a separate License Agreement and/or amendment to week janitorial service as is normal and customary in comparable first-class office buildings in the Easement Grantmetropolitan Richmond, Virginia, area and in a form acceptable to Con Edison in its sole discretion, allow accordance with the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, janitorial specifications attached hereto as Exhibit E“J”; provided, however, that janitorial service required for any non-Building standard improvements in the Leased Premises, such as required to permit subsurface and/or aerial rights for telecommunications facilitiesglass partitions, including phone lines wood flooring, kitchens, and communication linesprivate showers and restrooms, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned subject to additional charges. Janitorial services shall be available Monday through Friday only, except Holidays. If the Building equipment should cease to function properly, Landlord shall use due diligence to repair the same promptly. If a stoppage or interruption of utilities or services was caused by Power Authority the negligence or willful misconduct of Landlord or its agents, employees or contractors, then, if such stoppage or interruption causes Tenant to be unable to operate its business from the Y connection all or a portion of the Con Edison System Leased Premises for more than forty-eight (48) consecutive hours, Base Rent, Additional Rent and all other sums owing hereunder shall xxxxx proportionately based on the portion of the Leased Premises from which Tenant is unable to operate its business until Tenant’s use of the Leased Premises is restored. Tenant may provide an electronic access system with computerized card access at the entrance(s) to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines Building. Landlord shall not be responsible for the Q35L & Q35M Transmission Linesquality, action or inaction of any Building access system or for any damage or injury to Tenant, its employees, invitees or others, or their property, resulting from any failure, action or inaction of the Building access system. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery Such services referenced herein shall be based on quantities provided as long as Tenant is not in default under any of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms terms, provisions, covenants and conditions of this Composite Agreement.
5.2 Prior Lease beyond applicable notice and cure periods, subject to interruption caused by repairs, renewals, improvements, changes of service, and alterations, and further subject to interruptions of the O&M Commencement Datenature described in Section 32(b) hereof, and upon such happening, no claim for damages or abatement of Rent for failure to furnish any such services shall be made by Tenant or allowed by Landlord nor shall any such happening be construed as a constructive eviction of Tenant or relieve Tenant from the Power Authority responsibility of performing any of Tenant's obligations under this Lease. All other responsibility for maintenance of the Leased Premises, unless specifically assigned to Landlord under this Lease, shall installbe the responsibility of Tenant. Tenant shall use only those fixtures and equipment that operate on the Building's standard electric circuits, but which in no event shall overload the Building's standard electric circuits from which Tenant obtains electric current. Any required installation of special circuits, cable, wire or equipment to service Tenant's unusual electrical needs shall be at its sole cost Tenant's expense and expense, (i) its own water meter only if prior approval therefor is given in writing by Landlord. Tenant shall reimburse Landlord at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts commercially reasonable rate paid by Landlord for any services/utilities, including servicesutilities or supplies used by Tenant in excess of those services customarily used for ordinary office purposes. Landlord reserves the right, specified after Leased Premises Hours, to dim or turn off all unnecessary lighting in Section 5.1 as applicable, the unoccupied areas of the Building and the Leased Premises to minimize the energy consumption of the Building in its own name. The Power Authority shall be solely responsible to pay for any both the Common Areas and all such services directly to the provider of such servicesLeased Premises.
Appears in 1 contract
Samples: Office Lease Agreement (Lumber Liquidators Holdings, Inc.)
Services and Utilities. 5.1 Con Edison shallLessor agrees to furnish to the Premises during reasonable hours of generally recognized business days, and subject to the terms reasonable rules and conditions regulations applicable to all tenants of the Building of which the Premises are a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, part attached hereto as Exhibit EC, as electricity for all lighting and power supplies shown on the Final Plans for the Interior Improvements, heat and air conditioning required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines the comfortable use and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection occupation of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURSPremises, and daily janitorial service. Lessor shall also maintain in good condition and repair and keep lighted the extension common stairs, common entries, common toilet rooms and all other common areas within and without the Building of dielectric oil cooling lines which the Premises are a part. At a minimum, Lessor shall furnish to Lessee the minimum levels of the following utilities and building services set forth below without adjustment of the monthly rent and without an obligation for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible Lessee to pay for any such utilities and all services, except as provided in Section 8 of this Lease: Lighting 24 hours - 7 days per week HVAC sufficient to maintain a comfortable temperature and ventilation in the Premises (comparable to similar office uses) during the hours of 7 am to 7 pm, Monday thru Friday (national holidays excepted) (the "Standard Weekday Hours") and during such services additional hours and for portions of the Premises as Lessee shall specify for Saturdays, Sundays, national holidays, and other Monday through Friday hours (other than the Standard Weekday Hours). Direct Expenses for the Base Year and each Comparison Year shall include the cost incurred by the Lessor to operate the HVAC during the Standard Weekday Hours and for the equivalent of an additional four (4) hours of full HVAC operation for the entire Premises at other times each week. Any HVAC service in excess of the amount to be included in Direct Expenses shall be charged directly to the provider Lessee at Lessor's actual cost. Janitorial Service of such servicesthe quality typically provided for first class office buildings in Marin County, Monday through Friday, except national holidays A Limited access security system for the parking garage, as mutually approved by Lessor and Lessee.
Appears in 1 contract
Samples: Office Building Lease (Oacis Healthcare Holdings Corp)
Services and Utilities. 5.1 Con Edison shall14.1 From and after the Lease Commencement Date, subject Landlord will provide to the terms Premises: air-conditioning and conditions heating during the seasons they are required in Landlord’s reasonable judgment to operate the Building in a first-class manner; janitorial service after 5:30 p.m. on Monday through Friday (or, at Landlord’s option, Sunday through Thursday) only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of a separate License Agreement and/or amendment an emergency); landscaping, trash removal and snow removal during the seasons they are required; and annual exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). The cost for overtime HVAC services as of the date of this Lease is $85.00 per hour, per floor. Landlord represents to Tenant that the foregoing overtime hourly rate for HVAC services is consistent with similar rates contained in leases for the Building signed by Landlord during 2011. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (including an activation or administrative fee). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Easement GrantPremises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a form acceptable card key (or similar type of) access system to Con Edison in its sole discretion, allow provide access to the Power Authority Building and the Parking Facility at times other than Building Hours. A reasonable number of access cards or other means of access (not to use and occupy certain land exceed the Access Card Allotment shall be provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required specific individuals that are designated by Tenant. Subject to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and powerobtaining Landlord’s prior written approval, which shall not be owned by Power Authority from unreasonably withheld, Tenant shall have the Y connection right to install its own security system within the Premises. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Con Edison System Building shall, at Landlord’s discretion, be required to sign in and out. Landlord agrees that it shall comply with current and future ASHRAE standards for the Building air conditioning, heating and ventilation systems.
14.2 Electrical service to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines Premises is separately submetered. Tenant will be responsible for reimbursing Landlord for the Q35L & Q35M Transmission Lines. In obtaining the light and power actual costs without markup for all such electrical service, as additional rent.
14.3 Tenant shall reimburse Landlord for the Facilitycost of any excess water, Power Authority sewer and chiller usage in the Premises. Excess usage shall obtain and pay mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for unbundled delivery service from Con Edisonthe entire Building, as reasonably calculated by Landlord in good faith. Con Edison Tenant shall be entitled to receive copies of any applicable bills or invoices.
14.4 Subject to Tenant’s obligations specified in this Lease, Landlord shall provide the unbundled delivery service following amenities to Tenant and its employees (either within the Power Authority under Con EdisonBuilding or the project) at no additional cost to Tenant or its employees (other than recovery of Operating Charges as set forth herein): Fitness Facility: the non-exclusive right to use the Fitness Facility during the Fitness Facility’s Delivery Service Rate Schedule, PASNY Nohours of operation. 4, Use of the Fitness Facility will be limited to tenants (including any permitted assignees and subtenants) of the Building and their employees on a non-exclusive basis. Tenant and its employees shall use the Fitness Facility at its own risk and will provide any certifications of waiver of liability as it Landlord may be revised or superseded request from time to time. The charges Without limiting the generality of the foregoing, each user of the Fitness Facility shall be required to execute and deliver a waiver of liability in the form attached hereto as Exhibit E (or in another similar form provided by and acceptable to Landlord). To the extent the Fitness Facility is operated by a third party, Landlord shall use commercially reasonable efforts to replace the operator should operations cease. Notwithstanding anything set forth herein to the contrary, in the event Landlord establishes a managed fitness center concept, Landlord may charge customary rates for the Con Edison delivery services referenced herein shall be based on quantities use of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementFitness Facility.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Office Lease Agreement (Savient Pharmaceuticals Inc)
Services and Utilities. 5.1 Con Edison shallAll services to be provided by Landlord and the management and operation of the Project shall be at or above a level consistent with that customarily provided to tenants of comparable buildings in the Tempe, subject Arizona, metropolitan area. All utility and other services to and for the Premises, including, without limitation, HVAC services, will be available twenty-four (24) hours a day, seven (7) days a week other than (1) during reasonable periods for customary maintenance, which will not be scheduled between 5:00 p.m. and 10:00 p.m. on weekdays and between 8:00 a.m. and 1:00 p.m. on Saturdays with respect to the terms classroom portions of the Premises whenever possible and conditions (2) where such services are only generally available for procurement during normal business hours. Tenant shall have the right, but not the obligation, to procure the services of a separate License Agreement and/or amendment security guards for the Project at Tenant's sole cost. Such security guards shall be stationed on the Premises but shall be permitted to enter the Common Areas, including the parking areas, in connection with assisting students and generally safeguarding the Project. Tenant shall be solely responsible for arranging and paying for all utilities (including, without limitation, electrical power, natural gas, water, waste water drainage, storm sewer drainage and telephone service) and, except for the obligations of Landlord under Section 12 of the Lease, all other services or amenities that Tenant requires or desires to be furnished to the Easement GrantPremises from and after the Commencement Date for its occupancy, use and enjoyment thereof. Tenant will contract with the suppliers or vendors of all such utilities, services and amenities, and will make all payments therefor directly to the supplier or vendor. Without limiting the generality of Section 4.c, Landlord will have no responsibility or liability for the interruption or cessation of any utility, service or amenity to the Premises, nor shall any such interruption or cessation entitle Tenant to any abatement of Rent or be deemed to constitute a constructive eviction of Tenant. Notwithstanding the foregoing, if an interruption of utilities or services is directly within the control of Landlord, and (i) such interruption of utilities or services shall continue for two (2) business days after written notice from Tenant to Landlord; (ii) such interruption of utilities or services shall render any portion of the Premises unusable for the normal conduct of Tenant's business and Tenant, in a form acceptable to Con Edison in its sole discretionfact, allow the Power Authority ceases to use and occupy certain land at such portion of the Con Edison LandsPremises for the normal conduct of its business; and (iii) the restoration of such utilities or services is within the control of Landlord, as preliminarily shown on then Base Rent payable hereunder with respect to such portion of the SurveyPremises rendered unusable for the normal conduct of Tenant's business and which Tenant, attached hereto as Exhibit Ein fact, as required ceases to permit subsurface and/or aerial rights for telecommunications facilitiesuse and occupy, including phone lines and communication lines, water lines, for potable water protection, shall be abated after the expiration of such two (2) 27 kV feeder(s) for light business day period, (in the event such utilities or services are not then restored), and power, which continue until such time that the utilities or services are restored. The foregoing remedy shall be owned Tenant's sole and exclusive remedy for any such interruption of services or utilities by Power Authority from the Y connection Landlord unless such interruption of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised services or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned utilities is caused by the Power Authority gross negligence or willful misconduct of Landlord in which event Tenant shall have all rights and shall be maintained by Con Edison pursuant remedies against Landlord under this Lease in addition to the terms and conditions of this Composite Agreementsuch abatement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Lease Agreement (KBS Real Estate Investment Trust II, Inc.)
Services and Utilities. 5.1 Con Edison shall8.1 Landlord shall provide the following services and utilities during normal business hours(as defined below) except Sundays and federal and state holidays, or unless otherwise stated below. Cost of such services shall be included as an Operating Cost or paid by Tenant in accordance with Section 8.2 below.
(i) when necessary during normal business hours, central heating and air conditioning in the Common Areas at temperature levels customary for comparable office buildings in the immediate vicinity ;
(ii) water and sanitary sewer services;
(iii) electric service, subject to Tenant’s obligation to pay the terms costs of such service in accordance with Section 8.2;
(iv) janitorial services five business days per week; and
(v) one passenger elevator and conditions one freight elevator in the Building, to be used by Tenant, except for the occasion of a separate License Agreement and/or amendment temporary repair or replacement of the elevators. “Normal business hours” for purposes of clause (a) above shall be deemed to mean the periods from 8:00 a.m. until 6:00 p.m. on business days (Monday through Friday) and from 8:00 a.m. until 1:00 p.m. on Saturdays and for such additional periods as Tenant may operate a retail store on the Premises. Tenant shall nonetheless have access to the Easement GrantPremises and elevators seven (7) days a week, twenty-four (24) hours a day, subject to and in accordance with any security procedures that Landlord may have in place under the Rules and Regulations. Landlord and Tenant agree that if Tenant requires janitorial services in the Bridge, Landlord, upon written notification by Tenant requesting same, shall provide such services and Tenant shall pay the costs associated therewith as Additional Rent.
8.2 Tenant shall pay all costs of Tenant Electric, including all actual costs of after-hours HVAC service used by Tenant. Electric current supplied to or used in the Premises shall be directly measured by a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use separate meter and occupy certain land shall be set at the Con Edison Landsrate prevailing for Tenant’s class of use as established by the company or companies chosen by Landlord or its designee to provide electricity to the Premises. Upon reasonable prior notice, Landlord or its designated electric service provider may have access to the Premises to install equipment necessary to deliver electric service to the Premises or the Building provided that Landlord or the utility company shall restore the Premises to its condition prior to the commencement of such work. Landlord reserves the right to switch electricity providers, if legally permissible, at any time. Landlord shall not be liable to Tenant for damages arising as preliminarily shown a result of service interruptions caused by any electric service provider.
8.3 Any failure by the Landlord to furnish any of the foregoing services or utilities, resulting from circumstances beyond the Landlord’s reasonable control or from interruption of such services due to repairs or maintenance, shall not render the Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of the Tenant, nor cause an abatement of rent hereunder, nor relieve the Tenant from any of its obligations hereunder, unless caused by Landlord or its affiliates, agents, employees and/or contractors. If any public utility or governmental body shall require the Landlord or the Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, the Landlord and the Tenant shall comply with such requirements, whether or not the services and utilities referred to in this section 8 are thereby reduced or otherwise affected, without any liability on the Surveypart of the Landlord to the Tenant or any other person or any reduction or adjustment in rent payable hereunder. The Landlord and its agents shall be permitted reasonable access to the Premises for the purpose of installing and servicing systems within the Premises deemed necessary by the Landlord to provide the services and utilities referred to in this Section 8 to the Tenant and other tenants in the Building.
8.4 Tenant shall not at any time overburden or exceed the capacity of the mains, attached hereto as Exhibit Efeeders, as ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises beyond normal office uses. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities existing, such installation shall be subject to Landlord’s prior written approval of Tenant’s plans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Premises. In addition, if Tenant requires lighting other than the standard lighting provided by Landlord for the Building, Tenant shall be required to permit subsurface and/or aerial rights pay Landlord on demand for telecommunications facilitiesthe additional costs of such lighting, including phone lines light bulb replacement.
8.5 Landlord shall cause to be operated a trash removal service for the Project, the costs and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, expenses of which shall be owned by Power Authority from a part of Operating Costs. In the Y connection event that Tenant’s use of the Con Edison System Premises requires trash removal services in excess of that required for standard office tenants, Tenant shall pay to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4Landlord, as it may be revised or superseded from time additional rent all costs and expenses in excess of the trash removal costs which are attributable to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementexcess usage.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Office Lease (Under Armour, Inc.)
Services and Utilities. 5.1 Con Edison shall, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison 15.1 Landlord shall provide the unbundled delivery following services and utilities in quantities and in a manner consistent with the standards for quality followed in Comparable Buildings:
(a) Electrical service to operate the Power Authority under Con Edison’s Delivery Service Rate Schedulecommon areas of the Building, PASNY Noand electrical capacity to the Premises in an amount of not less than six (6) xxxxx per square foot demand load at all times. 4It is understood and agreed that the cost of separately metering any electrical or other utility service, as including cold water, if any, shall be borne by Tenant, and it may is also understood and agreed that to Tenant shall be revised or superseded from time responsible for paying all costs associated with all utility services, including cold water, to time. The charges the Premises.
(b) Heat and air-conditioning for the Con Edison delivery services referenced herein shall be based on quantities Common Areas of electricity that are delivered to the Facility and that are metered at Building during normal hours of operation of the revenue meters. All such utility/services facilities shall be owned Building as set forth in Section 15.3 below.
(c) A base building chilled water air conditioning system is currently maintained by the Power Authority Building's property manager and shall may hereafter be maintained by Con Edison pursuant to another vendor designated by Landlord. From and after the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, chilled water consumed in the Power Authority Premises shall installbe separately sub-metered and paid for by Tenant. Tenant shall be responsible for the cost of the sub-meter and installation thereof and the cost of Tenant's HVAC and chilled water consumed in the Premises. Landlord shall provide reasonable quantities of chilled water to the Premises. The chilled water shall be delivered to all handlers servicing the Premises at temperatures between 43 degrees and 53 degrees. The current rate for the chilled water is $34.04 per ton/hour, but subject to change. Tenant shall have the ability to change its cooling days and hours at any time upon 24 hours advanced notice to Landlord. Tenant shall be permitted to add variable air volume boxes ("VAV's") to the ductwork, at its sole cost locations approved by Landlord, and at Tenant's expense, (i) to allow Tenant to cool only selected portions of the Premises upon request. Landlord's prior written approval shall be required to the plans and specifications for such VAV's. Tenant shall have the right to install its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment supplemental HVAC unit in the Astoria Annex SubstationPremises, (iii) its own revenue/electric meter which may run off of the local supplier's riser, provided that the plans and location for the PURS installation of such supplemental HVAC unit are approved by Landlord in writing in advance and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines all metering and (iv) at other locations as Con Edison reasonably requests installation charges and costs for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters consumption shall be transferred at Tenant's expense.
(d) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to Con Edisonscheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to temporarily remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building, provided that at least one passenger elevator to the Premises is available at all times.
(e) Security personnel in the Complex and parking facility, twenty-four (24) hours per day, seven (7) days per week.
15.2 Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord.
15.3 Landlord will furnish all Common Area services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein. The Power Authority normal hours of operation of the Building are from 8:00 am to 6:00 pm., Monday through Friday, and 8:00 am to 1:00 pm on Saturday. It is understood and agreed that Landlord shall establish accounts not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any services/of the utilities, including servicesservices or other manner of thing required to be furnished by Landlord hereunder, specified if such failure to furnish or delay, suspension or reduction in Section 5.1 as applicablefurnishing same is caused by breakdown, in its own name. The Power Authority shall be solely responsible to pay for maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any and all such services directly to the provider of such servicesother cause whatsoever.
Appears in 1 contract
Samples: Lease Agreement (Twinlab Consolidated Holdings, Inc.)
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Landlord will furnish to the terms Premises air-conditioning and conditions heating during the seasons they are required in Landlord’s reasonable judgment. Landlord will provide: janitorial service on Monday through Friday only (excluding legal public holidays celebrated by the federal government); electricity; water; elevator service; and exterior window-cleaning service. The normal hours of a separate License Agreement and/or amendment operation of the Building will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except such holidays) and 9:00 a.m. to 12:00 p.m. on Saturday (except such holidays) and such other hours, if any, as Landlord determines. At least one (1) elevator shall be in service at all times. If Tenant requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Notice shall be provided by Tenant to Landlord requesting such additional service not less than twenty-four (24) hours prior to commencement of this service and Tenant shall pay Landlord Seventy-Five Dollars ($75.00) per hour for each hour of usage of the core units only, Thirty-Five Dollars ($35.00) for each hour of usage of the perimeter units only, and one hundred and ten dollars ($110.00) for each hour of usage of the core and perimeter units together. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities during hours other than the normal hours of operation of the Building. Tenant shall have access to the Easement Grant, in Premises twenty-four (24) hours a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection day every day of the Con Edison System Term. After hours access to the Astoria Annex Substation, power supply from Building will be controlled by means of an electronic passcard system. Tenant shall have the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall installright, at its Tenant’s sole cost and expense, to install additional security systems within the Premises to protect its administrative and technical areas; however, Landlord’s Building engineer shall have access to said areas at all times for repair and maintenance purposes, provided advance reasonable notice is provided to Tenant and Building engineer is accompanied by a representative of Tenant (i) its own water meter except in cases of emergency).
14.2 Landlord may install checkmeters to electrical circuits to verify that Tenant’s electricity consumption is not excessive. If such checkmeters indicate that such consumption is excessive, then Landlord may install at Tenant’s expense submeters to ascertain Tenant’s actual electricity consumption, and thereafter Tenant shall pay for such consumption at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in then-current price per kilowatt hour charged Landlord by the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesutility.
Appears in 1 contract
Samples: Lease Agreement (Saflink Corp)
Services and Utilities. 5.1 Con Edison shall(a) Landlord shall maintain the public and common areas of the Building, including lobbies, stairs, elevators, corridors and restrooms, the grounds and parking areas, the windows in the Building, the mechanical, plumbing and electrical systems and equipment serving the Building, the heating, ventilating, and air conditioning systems and equipment, and the exterior and structure itself, in reasonably good order and condition except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant’s expense. In the event Tenant requires or needs to have one or more separate systems of either heating, ventilating, air conditioning or other similar systems over and above that provided, the installation, care, expenses and maintenance of each such system shall be borne by and paid for by Tenant.
(b) Provided the Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the Premises during Ordinary Business Hours (as defined hereunder) of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Sundays and legal holidays), heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, janitorial and trash disposal services during the time and in the manner that such services are, in Landlord’s judgment, customarily furnished in comparable office buildings in the immediate market area, and elevator service. Landlord shall be under no obligation to provide additional or after Ordinary Business Hours heating and air conditioning, except at the request of Tenant and subject to availability, Force Xxxxxx events or acts of God, and Tenant shall pay to Landlord a charge for such after hours HVAC usage of $20.00 per hour for the first two hours per business day (“Discount Hours”) and $40.00 per hour thereafter for any additional hours. In the event Tenant does not utilize its Discount Hours on any given day, such unused hours shall accrue to Tenant to offset total non-Discount Hours. Any accrual not used by Tenant in any calendar quarter shall be forfeited. Landlord shall install at Tenant’s sole expense a program control on the sixth floor for after hours operation and control of the HVAC. HVAC use and any new equipment needed for the cooling of both the server and engineering test rooms will be billed to Tenant separately. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Whatever heat generating machines, excess lighting 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 reasonable cost thereof, including the cost of electricity and/or water therefore, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord agrees to furnish to the Leased Premises electricity for general office purposes and water for common men’s and women’s lavatories and drinking purposes, subject to the terms provisions of subparagraph 12 (c) below. Landlord shall in no event be liable for any interruption or failure of utility services on the Premises, but Landlord will exercise due diligence to furnish uninterrupted service.
(c) Tenant will not without the written consent of Landlord use any apparatus or device in the Premises, including without limitation, electronic data processing machines, and conditions machines using excess lighting or current which will in any way increase the amount of a separate License Agreement and/or amendment electricity or water usually furnished or supplied for the use of the Premises as general office space, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant in Landlord’s judgment shall require water or electric current or any other resource in excess of that usually furnished or supplied for the use of the Premises as general office space (it being understood that such resource in excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Tenant shall first procure the consent of Landlord which Landlord may refuse, to the Easement Grantuse thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resources consumed for any such other use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at the rates charged by the local public utility, furnishing the same, plus any additional expenses incurred in keeping account of the water, electric current or other resource so consumed. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services, (ii) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or the Building, (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Building. Furthermore, Landlord shall be entitled to cooperate voluntarily in a form acceptable reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing energy or other resources consumption.
(d) Any sums payable under this Paragraph 12 shall be considered additional Rent and may be added to Con Edison any installment of rent thereafter becoming due and Landlord shall have the same remedies for a default in its payment of such sums as for a default in the payment of Rent.
(e) Tenant shall not provide any janitorial services without Landlord’s written consent and then only subject to supervision of Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. Any such services provided by Tenant shall be Tenant’s sole discretionrisk and responsibility.
(f) Ordinary Business Hours shall mean 7:00 a.m. to 6:00 p.m., allow the Power Authority Monday through Friday, 7:00 a.m. to use and occupy certain land at the Con Edison Lands12:00 p.m., as preliminarily shown on the SurveySaturday, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, fifty-two (252) 27 kV feeder(s) weeks per year, except for light legal holidays and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, any other holiday as it may be revised or superseded reasonably determined and acknowledged by Landlord from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall14.1 Landlord and Tenant acknowledge that there exists as of the Reference Date HVAC units that solely service the Premises and entry vestibules (the "Existing HVAC Units") and which Landlord shall repair and maintain-during the Term, subject provided that Tenant shall have the sole right to control the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at hours of use of such HVAC unit. Tenant shall maintain any upgrades on HVAC which may be installed by Tenant in accordance with the Con Edison LandsAlterations, as preliminarily shown on Maintenance and Repairs and Work Agreement provisions of this Lease. Electric service adequate to service Tenant's Permitted Uses of the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilitiesPremises, including phone lines and communication linesservicing of the Existing HVAC Units, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from submetered to Tenant which submetering unit currently exists in the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission LinesPremises. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein Gas consumption shall be based on quantities of electricity that are delivered to the Facility a prorated charge. Additional heating and that are metered at the revenue meters. All such utility/services facilities shall be owned air conditioning units provided by the Power Authority and Tenant as an approved | Alteration shall be maintained by Con Edison pursuant Tenant. Landlord will provide: janitorial service on Monday through Friday only (excluding legal public holidays celebrated by the federal government); common area electricity; water; elevator service; and exterior window-cleaning service. For utility purposes (other than electricity obtained by Tenant for the Premises through the submetering to be provided by Landlord), the normal hours of operation of the Building will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except such holidays) and 8:00 a.m. to 12:00 p.m. on Saturday (except such holidays) and such other hours, if any, as Landlord determines. Notwithstanding the foregoing provisions or any other provision of this Lease, Tenant shall have access to the terms parking area, Building and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement DatePremises seven (7) days per week, twenty-four (24) hours per day. If utility service for Premises is not separately metered, Tenant shall pay for such extra service in accordance with Landlord's then-current schedule. The then current rent schedule shall reflect the Landlord's actual costs, including, but not limited to, the Power Authority shall install, at its sole cost costs of utilities and expense, (i) its own water meter at building engineer service. If the Astoria Annex Substation, (ii) its own revenue/electric meters utility service for equipment the Premises is separately metered and a separate thermostat is located in the Astoria Annex SubstationPremises, (iii) its own revenue/electric meter for Tenant may activate the PURS extra service without notice to Landlord. Except as otherwise specified herein, Landlord shall not be required to furnish services and Pressurization Plants at utilities during hours other than the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for normal hours of operation of the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesBuilding.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall, subject Landlord shall provide the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein):
(A) Electricity to the terms Premises shall not be furnished by Landlord, but shall be furnished, at Tenant’s cost, by the applicable utility company. Landlord shall permit Tenant to receive such electrical service for standard office lighting fixtures, equipment and conditions of a separate License Agreement and/or amendment accessories through Landlord’s wires and conduits, to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use extent available and occupy certain land at the Con Edison Lands, as preliminarily shown based on the Surveysafe and lawful capacity of the existing electrical circuit(s) and facilities serving the Premises, attached hereto as Exhibit Eprovided: (1) the connected electrical load of all of the same does not exceed an average of seven (7) xxxxx per rentable square foot of the Premises (Landlord represents and warrants that at least seven (7) xxxxx per rentable square foot of the Premises of connected electrical load is, as required and during the Term shall be, available to permit subsurface and/or aerial rights the Premises for telecommunications facilities, including phone lines lights and communication lines, water lines, for potable water protection, two outlets) and (2) 27 kV feeder(sthe safe and lawful capacity of the existing electrical circuit(s) serving the Premises is not exceeded. Tenant shall be responsible for light the payment of the cost of all modifications to the existing electrical circuit(s) and powerfacilities serving the Premises and, in accordance with Section 5(G) below, the cost of all electricity furnished to the Premises, including electricity used during the performance of janitor service, the making of alterations or repairs in the Premises, or the operation of any special air conditioning systems which may be required for data processing or computer equipment or other special equipment or machinery installed by Tenant.
(B) Heat and air-conditioning at such temperatures and in such amounts as are standard for Comparable Buildings from 8:00 a.m. until 6:00 p.m. Monday through Friday and 8:00 a.m. until 1:00 p.m. on Saturday, except on Holidays (“Business Hours”). “Holidays” shall mean New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. Landlord’s current rate for providing after-hours heating is $105 per zone per hour, for after-hours cooling is $134 per zone per hour, plus (in both instances) a start-up fee of $26.50, which shall be owned by Power Authority from the Y connection of the Con Edison System rates remain subject to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded change from time to time. The charges Landlord shall not be responsible for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered inadequate air-conditioning or ventilation to the Facility extent the same occurs because Tenant’s use of power exceeds seven (7) xxxxx per square foot without providing adequate air-conditioning and that are metered at ventilation therefor or if the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions number of this Composite Agreementindividuals exceeds one (1) individual per one hundred fifty (150) rentable square feet.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Office Lease (SP Plus Corp)
Services and Utilities. 5.1 Con Edison shallA. Landlord shall provide the following facilities and services to Tenant without additional charge to Tenant (except as otherwise provided herein), in accordance with the standards maintained by Tenant at the Building prior to the Effective Date:
(1) Landlord will provide restroom facilities and necessary lavatory supplies, including hot and cold running water, at those points of supply provided for general use of other tenants in the Building.
(2) Landlord will provide heating, ventilation and air conditioning (HVAC) services Monday through Friday from 8:00 A.M. to 7:00 P.M., and Saturday from 9:00 A.M. to 1:00 P.M. (excepting federal holidays in which federal office buildings in Washington, D.C. are closed) on an all year round basis.
(3) Landlord will provide hot and cold running water on a full-time twenty-four hour a day basis, subject to such reasonable regulations as Landlord may impose. Landlord will maintain the terms and conditions of a separate License Agreement and/or amendment to building plumbing system, as well as the Easement Grantinterior plumbing within the Demised Premises, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use proper and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesefficient operating condition. In obtaining the light and power for event that a problem with the Facilitybuilding plumbing system or the interior plumbing within the Demised Premises is caused by an act or omission of Tenant, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con EdisonLandlord will correct such problem at Tenant’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, .
(i4) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment Landlord will provide electrical energy which Tenant requires in the Astoria Annex SubstationDemised Premises for lighting purposes and for operation of electrical, machinery and other property used in connection with the Permitted Use.
(iii5) its own revenue/electric meter Landlord will provide after-hours HVAC services upon payment by Tenant of Landlord’s actual cost of providing such HVAC services for each hour (or a portion thereof) of after-hours usage (but in no event shall the PURS hourly charge per pod exceed $50.00); provided, that Tenant shall give notice to Landlord prior to 1:00 P.M. on the day such service is required in the case of after-hours service on weekdays, prior to 2:00 P.M. on the Friday preceding the day such service is required in the case of after hours service on weekends, and Pressurization Plants at prior to 1:00 P.M. on the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for last business day preceding the Facility. On or before holiday on which such service is required in the O&M Commencement Date, ownership case of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesafter-hours service on a federal holiday.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Subject to Tenant’s obligations specified in this Lease: (a) Landlord will furnish to the terms Premises air-conditioning and heating from 8:00 a.m. to 6:00 p.m. (“Building Hours”) during the seasons they are required in Landlord’s reasonable judgment; and (b) Landlord will provide janitorial service as required in Landlord’s reasonable judgment on Monday through Friday (or, at Landlord’s option Sunday through Thursday) only (excluding legal public holidays), electricity sufficient for lighting purposes and normal office use only, water for lavatory and drinking purposes, elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency), and exterior window-cleaning service. Landlord shall not be liable for any failure to maintain comfortable atmosphere conditions in all or any portion of a separate License Agreement and/or amendment the Premises due to excessive heat generated by any equipment or machinery installed by Tenant (with or without Landlord’s consent), due to any impact that Tenant’s furniture, equipment, machinery or millwork may have upon the delivery of HVAC to the Easement GrantPremises, due to the occupancy load or due to any adverse impact resulting from Tenant’s Work or any Alteration. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Tenant shall pay for such extra service in a form acceptable to Con Edison in its sole discretionaccordance with Landlord’s then-current schedule. As of the date of Xxxxxxxx’s execution of this Lease, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights hourly charge for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, such extra service is seventy-five dollars ($75.00) per wing per floor (two (2) 27 kV feeder(swings per floor) for light and powerin two (2)-hour incremental cycles, which shall be owned by Power Authority from the Y connection of the Con Edison System charge is subject to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded increase from time to timetime equal to the direct and actual increase to the cost to Landlord of providing such service (without a profit increment). The charges If the same after-hours service is also requested by other tenants on the same floor as Tenant, the charge therefor to each tenant requesting such after-hours service shall be a pro-rated amount based upon the square footage of the leased premises of all tenants on the same floor requesting such after-hours services, Notwithstanding anything above to the contrary, Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than the normal hours of operation of the Building. Landlord shall provide Tenant with six (6) access cards or other means of access at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Tenant shall not permit anyone, except for Tenant’s employees and authorized guests, to enter the Building at times other than the normal hours of operation of the Building. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord represents that, to Xxxxxxxx’s knowledge as of date of Landlord’s execution of this Lease, there is available to the Premises five and one-half (5 1/2) xxxxx per square foot of rentable area for Tenant’s use (excluding base building HVAC and lighting). Landlord may install checkmeters to electrical circuits serving Tenant’s equipment to verify that Tenant is not consuming excessive electricity. If such checkmeters indicate that Tenant’s electricity consumption is excessive, or if Tenant installs one or more supplementary HVAC units in the Premises, then Landlord may install at Tenant’s expense sub-meters to ascertain Tenant’s actual electricity consumption, and Tenant shall thereafter pay for such consumption at the then-current price per kilowatt hour charged Landlord by the utility, Tenant’s electricity consumption shall be deemed excessive if the electricity consumption in the Premises per square foot of rentable area (excluding, without limitation, electricity consumed in connection with base building HVAC and lighting use) during any billing period exceeds the average electricity consumption per square foot of rentable area during the same period for typical, similarly situated tenants in the Building, as reasonably calculated by Landlord.
14.3 Tenant shall reimburse Landlord for the Con Edison delivery services referenced herein shall be based on quantities cost of electricity that are delivered to the Facility any excess water, sewer and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment chiller usage in the Astoria Annex Substation, Premises. Excess usage shall mean the excess of the estimated usage in the Premises (iiiper square foot of rentable area) its own revenue/electric meter during any billing period over the average usage (per square foot of rentable area) during the same period for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations entire Building, as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicescalculated by Landlord.
Appears in 1 contract
Samples: Office Lease Agreement
Services and Utilities. 5.1 Con Edison shall10.1 The Lessor shall provide the Lessee, to the extent that the Lessor is able to obtain from its main suppliers (in particular, with respect to electricity), the following services and utilities: • electricity (lighting and energy) for common areas and services areas; • heating; • air-conditioning; • cleaning; • washrooms; • passenger elevators. The cost of such services is included in the Operating Costs. All services required or used by the Lessee to meet its special needs and which are not in conformity with the usual standards of the Building are the Lessee’s responsibility. The Lessor may, at the Lessee’s expense, supervise and install any apparatus which permits checking additional consumption or use of the services and utilities. The Lessee shall pay any amount attributable to the excess consumption or use.
10.2 Lessor (subject to its ability to obtain the same from its principal supplier) will cause the Premises to be supplied with electric current for the lighting and power required therein for the operation of Lessee’s reasonable needs, which current Lessee hereby agrees to take and receive from Lessor. For the said electricity, Lessee shall pay as Additional Rent an amount calculated at the rate of One Dollar and Ten Cents ($1.10) per square foot of rentable area per annum in equal, consecutive, monthly instalments in advance. The foregoing annual amount and the monthly instalments shall not exceed that which would have been charged to the Tenant directly by Hydro Quebec, had it been separately metered (including all applicable sales taxes), after the 1st day of May, 2017. The obligation of Lessor hereunder shall be subject to any rules or regulations to the contrary of Hydro-Quebec or any other municipal or governmental authority. In the event any special lighting (above Building standard) or equipment (including but not limited to, special heating, ventilating, air-conditioning systems, printing presses, computers and the like) is installed in the Premises or in any other event where there is reason to believe that excess electricity is being consumed in the Premises, Lessor shall have the right to survey or meter at Lessee’s expense, the total electrical consumption and Lessee shall pay for any excess disclosed by said survey or metering by appropriate increases in the aforementioned monthly instalments.
10.3 If, due to any act, omission or negligence of the Lessor, any of the critical services of the Building (HVAC, electricity, water, elevators) or access is interrupted for more than 3 consecutive days, then Lessee shall have the right to cease its paying of Net Rent and Additional Rent owed under the Lease, beginning with the day of interruption prorated until such service or services or access is reinstated.
10.4 Should the Lessor have an emergency generator for Lessee’s use during power outages, Lessor will allow Lessee during the Term or renewal thereof, to connect to the generator, if it so wishes, at no additional charge and provide power capacity to the Premises proportional to other lessees in the Building and subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection capacity of the Con Edison System generator.
10.5 During the Term or any renewal thereof, Lessee shall have the right to the Astoria Annex Substationinstall and maintain a satellite dish and antenna at no cost to Lessee, power supply from the Power Authoritysave and except for installation and maintenance costs, all in accordance with Lessor’s transformers permission as to the PURSlocation, method of installation, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to timepermits. The charges for the Con Edison delivery services referenced herein shall Lessee will be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any direct damages resulting from the installation, operation and all such services directly to the provider removal of such servicessatellite dish and antenna.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shallExcept to the extent that the same are contracted for directly by the Tenant and the service provider, Landlord shall provide at its expense, subject to reimbursement under Section 2.2, (a) heating, ventilation, and air conditioning (HVAC) for the terms Premises during business hours (i.e., Monday through Friday, 7:00 a.m. through 7:00 p.m. and conditions Saturday, 8:00 a.m. through 1:00 p.m., but excluding New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas) to maintain temperatures for comfortable use and occupancy in light of a separate License Agreement and/or amendment Tenant’s Improvements and otherwise in accordance with the specifications set forth in Exhibit A attached hereto; (b) nightly janitorial services to the Easement GrantPremises during business days; (c) hot and cold water sufficient for drinking, lavatory, toilet, and ordinary cleaning purposes twenty-four hours a day, seven days a week; (d) electricity to the Premises that provides electric current in reasonable amounts necessary for normal office use, lighting, and HVAC twenty-four hours a day, seven days a week; (e) replacement of lighting tubes, lamp ballasts, and bulbs with “building standard” tubes, ballasts and bulbs; (f) extermination and pest control when necessary; (g) elevator services to the Premises (with at least one (1) elevator operating at all times); and (h) maintenance in a manner comparable to other first class office buildings in the area at Loudoun County wherein the Premises are located. The maintenance shall include without limitation cleaning, HVAC, illumination, snow shoveling, deicing, repairs, replacements, lawn care, and landscaping. Tenant shall have access to the Premises 24 hours a day, 7 days a week, however, Landlord may restrict access, in a form acceptable manner approved by Tenant so long as Tenant is the sole Building tenant, by requiring persons to Con Edison in its sole discretion, allow the Power Authority show a badge or identification card or to use an access card issued by Tenant (with copies to Landlord). Landlord shall not permit its cleaning and occupy certain land at janitorial crews to access the Con Edison LandsPremises for cleaning on any business day prior to 7:00 p.m. unless approved or otherwise requested by Tenant. Notwithstanding the foregoing, as preliminarily shown on Tenant shall have the Surveyright, attached hereto as Exhibit Ebut not the obligation, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, cause Landlord to not provide cleaning services to the Premises in which event Tenant shall be owned by Power Authority from responsible for cleaning the Y connection Premises and shall pay the cost of the Con Edison System same directly to its specialized vendors of cleaning services. In such event, the Astoria Annex Substationcost allocation for cleaning services included in the Operating Expenses shall be deducted from Operating Expenses and will not be included in the Additional Rent otherwise due and payable by Tenant to Landlord. If Tenant elects to provide its own cleaning services, power supply from the Power Authority’s transformers to company providing the PURSsame, and the extension cleaning specifications, shall be subject to Landlord’s reasonable approval. Landlord may temporarily close the Building if reasonably required because of dielectric oil cooling lines a life-threatening or Building-threatening situation. Landlord shall use its best efforts to close the Building during nonbusiness hours only and to restore full operation of the Building as soon thereafter as is practicable. Whenever during the Base Year, and thereafter whenever Tenant is leasing less than the entire Building, Tenant is using extra services or utilities or electricity because of nonbusiness-hours use, or use above that typical of commercial tenants in buildings similar to the Building. Landlord will directly charge Tenant only for the Q35L & Q35M Transmission Linesactual charges therefor limited to (a) the actual cost of utilities and (b) the actual cost of any direct labor required to provide such service. Landlord will provide extra HVAC and/or electricity upon reasonable advance verbal notice. Extra hours HVAC will be supplied at the rate of $35 per hour per floor during the Base Year subject to increases thereafter for only direct increases in the cost of the utilities used to provide HVAC service. Unless Tenant receives Landlord’s advance written consent Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery other than personal computers, reproduction machines, fax machines, and other machinery and equipment normally used in offices, or are equipment or machinery of the type located as of the date of this Lease in the space Tenant is currently leasing in the Ridgetop One office building. Landlord shall not unreasonably withhold, condition, or delay its consent, but Landlord may require payment for the actual charges for extra use of electricity caused by operating this equipment or machinery. Landlord may require that special, high electricity consumption installations of Tenant not customary of installations by typical office tenants (but expressly excluding personal computers, servers, printers, fax machines, customary cooking and kitchen equipment and office photocopy machines) be separately sub-metered for electrical consumption at Tenant’s cost. Any supplemental HVAC system installed by Tenant shall be separately submetered at Tenant’s expense and Tenant will pay for electricity consumed by that system. Tenant’s failure to pay the charges above within thirty (30) days of receiving a proper and correct invoice shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Rent. Landlord does not warrant that any services Landlord supplies will not be interrupted. Services may be interrupted because of accidents, repairs, alterations, improvements, labor disputes, force majeure, or any reason beyond the reasonable control of Landlord. Provided Landlord is using reasonable efforts to restore the service, any interruption shall not (a) be considered an eviction or disturbance of Tenant’s use and possession of the Premises; (b) make Landlord liable to Tenant for damages; (c) xxxxx Rent or Additional Rent except as provided below or (d) relieve Tenant from performing Tenant’s Lease obligations. Notwithstanding the foregoing or anything to the contrary set forth in this Lease, in the event any services are interrupted for any reason (including life threatening or Building threatening reasons), and such interruption renders all or any portion of the Premises untenantable (which for purposes hereof shall mean unable to be occupied for conduct of Tenant’s business therein as currently being conducted) for five (5) consecutive days, then from and after the sixth day of such interruption Tenant shall be entitled to an equitable abatement of all Rent and Additional Rent with respect to the portion of the Premises rendered untenantable, which abatement shall continue until such time as the affected portion is rendered tenantable. If a substantial portion of the Premises is rendered untenantable such that Tenant cannot effectively conduct its business in the remaining portion of the Premises, then all Rent and Additional Rent shall xxxxx during the pendency of the remainder of such untenantability, and shall thereafter be equitably abated as and when the Premises or portions thereof again become tenantable such that Tenant can effectively conduct its business therein until the whole Premises becomes tenantable. In obtaining the light event any such interruption causes untenantability of a material portion of the Premises and power continues for the Facilityone hundred eighty (180) calendar days, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein Tenant shall be based on quantities of electricity that are delivered entitled to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of terminate this Composite AgreementLease.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Lease (Neustar Inc)
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Landlord will furnish to the terms Premises heating, ventilation and air conditioning ("HVAC") during the seasons they are required in Landlord's reasonable judgment at temperatures and as are typically provided to similar types of buildings in the area. Landlord shall not be liable for any failure to maintain comfortable atmosphere conditions in all or any portion of the Premises due to excessive heat generated by any equipment or machinery installed by Tenant (with or without Landlord's consent) or due to any impact that Tenant's furniture, equipment, machinery or millwork may have upon the delivery of HVAC to the Premises. For purposes of this Section 14.1, excessive heat shall be deemed to result from (a) the installation of machinery or equipment, other than normal office machinery and equipment or light manufacturing or software engineering equipment, in an area not engineered for such equipment, or (b) the installation and concurrent operation of a separate License Agreement and/or amendment number of normal office machines or pieces of equipment in an area not engineered for such a concentration. For example, a typical light manufacturing and engineering facility will provide comfortable temperatures for its occupant when a normal personal computer and other operational equipment, or a number of smaller computers are installed and operated in that area. The normal hours of operation of the Building will be 8:00 a.m. to the Easement Grant6:00 p.m. on Monday through Friday (except such holidays) and such other hours, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Landsif any, as preliminarily shown on Landlord determines.
14.2 If Tenant requires lighting, air conditioning or heat beyond the Surveynormal hours of operation (8AM to 6PM Monday through Friday), attached hereto as Exhibit Ethen Landlord will furnish the same. Tenant agrees to pay Landlord, as Additional Rent for such extra service, $70.00 per hour for use of Premises beyond the normal hours. Tenant acknowledges that this amount represents use of utilities for normal office operations only and does not include use of utilities for any other purpose.
14.3 Tenant shall promptly reimburse Landlord on demand for the cost of any excess utility usage in or in connection with the Premises (including, but not limited to, water, sewer and chiller usage). Excess and/or disproportionate usage shall be determined by joint consultation of Landlord and Tenant's independent mechanical contractors, and pursuant to measurement of such usage by Landlord's energy management system.
14.4 Landlord reserves the right to curtail or suspend any utility, service or Building system when necessary or desirable in the reasonable judgment of Landlord, except in cases of emergency, with forty-eight (48) hours prior written notice to Tenant, by reason of accident, emergency, repairs, alterations, replacements or improvements, until such cause has been removed or remedied. In the event of Landlord's failure or inability to furnish any of the utilities or services required to permit subsurface and/or aerial rights for telecommunications facilitiesbe furnished by Landlord hereunder, including phone lines and communication linesLandlord shall not have any liability to Tenant; provided, water lineshowever, for potable water protection, two (2) 27 kV feeder(s) for light and power, which that Landlord shall be owned by Power Authority from the Y connection of the Con Edison System use good faith efforts to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURSrestore such failure or inability so long as such failure or inability is within Landlord's reasonable control, and Tenant's rent is reduced in prorate share to such curtailment or suspension of any utility services or building system if due to landlords willful misconduct.
14.5 If any public utility or governmental body requires Landlord or Tenant to restrict the extension consumption of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery any utility or reduce any service to the Power Authority under Con Edison’s Delivery Service Rate SchedulePremises or the Building, PASNY No. 4Landlord and Tenant shall comply with such requirements whether or not utilities and services referred to in this Article XIV are thereby reduced or otherwise affected, as it may be revised without any abatement, deduction, set-off, rebate or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered adjustment to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementGross Rent or additional rent payable hereunder.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Lease Agreement (Electronic Retailing Systems International Inc)
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Subject to Tenant's obligations specified in this Lease:
(a) Landlord will furnish to the terms Premises air-conditioning and conditions heating during the seasons they are required in Landlord's reasonable judgment; and (b) Landlord will provide janitorial service on Monday through Friday (or. at Landlord's option, Sunday through Thursday) only (excluding legal public holidays), electricity sufficient for lighting purposes and normal office use only, water, elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency), and exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same, provided Tenant gives Landlord a separate License Agreement and/or amendment minimum of twenty-four (24) hours advance written notice of such requirement (which notice must be received by Landlord prior to 5:00 p.m. on a business day). Tenant shall pay for such extra service in accordance with Landlord's then-current schedule for all building occupants (currently thirty dollars ($30) per hour per unit and in all cases a minimum of four (4) hours shall be charged). Notwithstanding anything above to the Easement Grantcontrary, Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in a form acceptable the event of an emergency).
14.2 Landlord may install checkmeters to Con Edison in its sole discretionelectrical circuits serving Tenant's equipment to verify that Tenant is not consuming excessive electricity. "Excessive Electricity" shall be de-fined as electricity usage greater than six (6) wxxxx per rentable square foot on average, allow the Power Authority excluding electricity for ceiling lighting and HVAC. If such checkmeters indicate that Tenant's electricity consumption is excessive, then Landlord may install at Tenant's expense submeters to use ascertain Tenant's actual electricity consumption, and occupy certain land Tenant shall thereafter pay for such consumption at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned then-current price per kilowatt hour charged Landlord by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementutility.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall, subject Landlord's Obligations. Landlord shall be obligated to provide the terms following services and conditions utilities: (i) maintenance of a separate License Agreement and/or amendment to the Easement Grant, Building interior (if any) and exterior Common Areas in a form acceptable manner comparable to Con Edison other first class office buildings located in its sole discretionJacksonville, allow the Power Authority Florida; (ii) HVAC service to use Common Areas only; (iii) landscaping maintenance; (iv) electrical utility service to interior and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two exterior Common Areas only; (2v) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery pest control service to the Power Authority under Con Edison’s Delivery Service Rate SchedulePremises and all interior and exterior Common Areas; (vi) janitorial services to interior Common Areas, PASNY Noif any; (vii) window washing and pressure washing of Building exterior surfaces only; (viii) regular sweeping and maintenance of parking lot. 4including lighting: (ix) maintenance of elevators, if any, and any other equipment serving the Building or the Project tenants generally; (x) regular removal of typical administrative office trash from the dumpsters or other receptacles located in and around the Project as it designated by Landlord for Tenant's disposal of such trash; and (xi) security service to the Premises and the Project, including without limitation the Common Areas and parking facilities, such security to be provided by unarmed security guards in stationary locations and/or on mobile patrol during the hours of 6:00 PM to 6:00 AM, Monday through Thursday, and 6:00 PM on Friday through 6:00 AM on Monday, and 24-hours per day on all federal, state and local observed holidays. Project security will be provided by Landlord's Project operation personnel during all other times. Landlord may, at Landlord's reasonable discretion, install cameras, sensors and alarm systems which monitor access points of interior courtyard areas. Tenant's Obligations. Tenant shall, at Tenant's expense, obtain metered electrical power service to the Premises. Tenant shall promptly pay all expenses related to electrical power usage for the Premises and the HVAC equipment serving the Premises. Landlord shall not be responsible for any interruption to Tenant's HVAC system or electrical power service, except as may be revised due to negligence or superseded willful misconduct of Landlord, its employees, contractors or agents. Tenant shall, at Tenant's expense, provide to the Premises (but not the Common Areas): (a) regular janitorial and trash removal services, all trash removed from time the Premises to timebe placed in those dumpsters and other receptacles as designated by Landlord; (b) regular periodic cleaning of the carpets and other floor coverings as necessary to maintain same in good condition; (c) regular cleaning of the interior surfaces of all windows and walls within the Premises: periodic repainting and replacement of carpet and other floor coverings as necessary to maintain same in good and serviceable condition; and (e) any other service deemed necessary by Tenant in connection with Tenant's use and occupancy of the Premises, other than the services to be provided hereunder by Landlord. The charges Should Tenant's permitted use of the Premises generate trash or other waste of a type not normally classified as office trash or in a volume disproportionate to the floor area of the Premises, Tenant shall reimburse Landlord on a monthly basis for the Con Edison delivery services referenced herein shall be based on quantities cost of electricity that are delivered to any extra removal service or the Facility placement and that are metered servicing of any additional or special dumpsters or other special receptacles. Tenant shall, at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement DateTenant's expense, the Power Authority shall install, at its sole cost repair and expense, (i) its own water meter at maintain all voice and data communication wiring and equipment necessary or desirable to Tenant's use of the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesPremises.
Appears in 1 contract
Samples: Office Lease Agreement (E Loan Inc)
Services and Utilities. 5.1 Con Edison shallA. Landlord shall manage, subject operate and maintain the Building in the manner set forth in this Lease, and otherwise in a manner consistent with the standards for similar first-class office buildings in Rockville, Maryland (the “Building Standard”), the costs of which shall be included in Operating Expenses (except as otherwise expressly provided herein). Subject to the terms herein, Landlord shall provide the following facilities and conditions services to Tenant in accordance with the Building Standard, the cost of which shall be included in Operating Expenses (except as otherwise expressly provided herein): (i) at least one elevator subject to call at all times, including Sundays and Holidays (having lock-off capabilities installed for Tenant’s card readers); (ii) central heating and air conditioning from 8:00 a.m. until 6:00 p.m. Monday to Friday and from 8:00 a.m. until 1:00 p.m. on Saturdays, exclusive of Holidays (i.e., New Year’s Day, Xxxxxx Xxxxxx Xxxx, Xx. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other Federal holiday) (“Building Hours”), during the seasons of the year when these services are normally and usually furnished and within the temperature range and in such amounts normally or usually furnished, in comparable office buildings in Rockville, Maryland and that meet the specifications described on Exhibit H attached hereto. In order to reduce Operating Expenses and energy consumption, HVAC will be available to tenants on Saturdays from 8:00 a.m. to 1:00 p.m. at no additional expense by providing written notice to Landlord by 1:00 p.m. the preceding day. Landlord shall provide heat and air conditioning at other times at Tenant’s expense, provided Tenant delivers to Landlord written notice by 1:00 p.m. on weekdays for after-hour service on the next weekday, by 1:00 p.m. the day before a Holiday for service on a Holiday, and by 1:00 p.m. on Friday for after-hour service on Saturday, or for service on Sunday. Such after-hour, Holiday or special weekend service shall be charged to Tenant at Landlord’s actual direct cost, from time to time, without markup per hour per floor, and the same shall be an item of Additional Rent due thirty (30) days after rendition of a separate License Agreement and/or amendment to xxxx therefor; (iii) Building standard cleaning service consistent with the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow Building Standard and consistent with the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, cleaning specifications attached hereto as Exhibit EI; (iv) electricity sufficient for the Building standard electrical capacity and all Building standard HVAC. The cost for Tenant’s electricity usage will be included without overhead or profit, as required administrative charge or xxxx-up of any kind in the Operating Expenses for the Building based upon the rates actually paid by Landlord to permit subsurface and/or aerial rights for telecommunications facilitiesthe utility supplier; (v) rest room facilities and necessary lavatory supplies, including phone lines running water at the points of supply provided for general use of other tenants in the Building, and communication linesroutine maintenance, water linespainting, and electrical lighting service for potable water protectionall public areas and special service areas of the Building in such manner as Landlord deems reasonable; and (vi) access to the Building on a full-time, two twenty-four (224) 27 kV feeder(shour basis, subject to such regulations as Landlord may reasonably impose for security reasons. Landlord at its expense shall provide to Tenant five (5) access cards per each 1,000 rentable square feet comprising the Premises. Upon request, Landlord shall provide replacement or additional cards at Tenant’s expense. Tenant shall require an access card for light each individual employee working in the Premises and powershall not permit access cards to be shared.
B. No later than the Commencement Date, which Landlord, at its cost and expense and not as an Operating Expense, shall install security card key locks and readers on all sides of the AFDOCS//21459967 Building and security key locks and readers via the lobby main entrance and service corridor access points accessing the Building’s main lobby. Tenant hereby acknowledges and agrees that Landlord is not providing any security services with respect to the Premises and that Landlord shall not be liable to Tenant for, and Tenant hereby waives any claim against Landlord with respect to, any loss by theft or any other damage suffered or incurred by Tenant in connection with any unauthorized entry into the Premises or any other breach of security with respect to the Premises.
C. Any failure by Landlord to furnish the foregoing services shall not render Landlord liable in any respect for damages to either person or property, not be construed as an eviction of Tenant, nor cause an abatement of rent, nor relieve Tenant from Tenant’s obligations hereunder provided, however, that Landlord shall use good faith efforts to restore such failure so long as such failure is within Landlord’s reasonable control. If any public utility or governmental body shall require Landlord or Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, Landlord and Tenant shall comply with such requirements whether or not the utilities and services referred to in this Section 13 are thereby reduced or otherwise affected, without any reduction or adjustment of rent hereunder. Notwithstanding the foregoing, if for reasons not caused by Tenant, or any of its employees or agents, any interruption or stoppage of any services that Landlord is required hereunder to provide to the Building shall continue for more than [redacted] (or [redacted] if caused by an Unavoidable Delay) and shall render more than [redacted] of the Premises untenantable for general office purposes and Tenant shall actually cease to conduct business in such portion of the Premises, then the Base Rent payable hereunder for such unusable portion of the Premises shall be owned abated for the period beginning on the [redacted] (or the [redacted] if caused by Power Authority an Unavoidable Delay) of such failure (but no earlier than five (5) business days after Landlord receives written notice of such interruption from Tenant) and shall continue until the Y connection earlier of the Con Edison System to date that (i) Tenant again uses such portion of the Astoria Annex SubstationPremises, power supply from or (ii) such portion of the Power AuthorityPremises is again usable.
D. At Landlord’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded request from time to time. The charges for the Con Edison delivery services referenced herein , but not more than once annually, Tenant shall be based on quantities of electricity that are delivered submit to the Facility Landlord energy and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilitiesconsumption data, including servicestotal usage and total charges as they appear on Tenant’s electric, specified in Section 5.1 as applicablegas, water and other utility bills, in its own name. The Power Authority shall be solely responsible format required by applicable Laws, Green Building Standards or otherwise reasonably acceptable to pay for any and all such services directly to the provider of such servicesLandlord.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall13.1 Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises on a 24 hour per day, 7 day per week basis, subject to Article 35; (b) heat and air conditioning required in Landlord’s reasonable judgment (taking into consideration the class and the quality of the Building) for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable, provided that, subject to Article 35, at least one (1) passenger elevator servicing the Premises shall be available for the use of Tenant, in common with other occupants of the Building, 24 hours a day, 7 days a week; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use on a 24 hour per day, 7 day per week basis, subject to Article 35. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s active negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. However, notwithstanding the foregoing, if the Premises or a material portion of the Premises, are made untenantable for a period in excess of five (5) consecutive business days solely as a result of an interruption, diminishment or termination of any essential services that Landlord is obligated to provide pursuant to the terms of this Lease due to Landlord’s active negligence or willful misconduct and such interruption, diminishment or termination of services is otherwise reasonably within the control of Landlord to correct (a “Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of the Monthly Installment of Rent and Tenant’s Proportionate Share of Expenses and Taxes payable hereunder during the period beginning on the sixth (6th) consecutive business day of the Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change, is specified on the Reference Pages. Landlord agrees all above standard services and service charges shall not serve as a profit center an that associated xxxxxxxx will be issued in a manner consistent with the terms of the Lease and Landlord’s standard property management procedures and policies (which, taking into consideration the class and the quality of the Building, shall be comparable to the procedures and policies of other landlords for buildings in the same geographic area in which the Building is located).
13.3 Whenever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within thirty (30) days of Landlord’s demand. In addition, Landlord may install and shall have access to the Premises to monitor a separate meter (or submeter) to determine the actual use of any utility in the Premises or any shared common area and may make available and share actual whole-project energy and water usage data as necessary to maintain the Building’s “green building” certification, if any. If there is no meter or submeter in the Premises or if Tenant is billed directly by a public utility, then, upon request, Tenant shall provide monthly utility usage to Landlord in electronic or paper format or provide permission for Landlord to request information regarding Tenant’s utility usage directly from the utility company.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 xxxxx and/or 20 amps 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse in its reasonable discretion, and if Landlord does not consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within thirty (30) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord), and the cost of all electrical and other costs associated with the operation of Tenant’s Supplemental Unit (defined below) and other electricity used in any server room in the Premises, at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 In the event that Tenant’s use of the Premises requires above-standard janitorial services (as reasonably determined by Landlord), then Tenant shall be responsible for reimbursing Landlord for any additional janitorial costs in connection therewith.
13.6 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord shall in no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph. If Tenant is billed directly by a public utility with respect to Tenant’s electrical usage at the Premises, then, upon request, Tenant shall provide monthly electrical utility usage for the Premises to Landlord for the period of time requested by Landlord (in electronic or paper format) or, at Landlord’s option, provide any written authorization or other documentation required for Landlord to request information regarding Tenant’s electricity usage with respect to the Premises directly from the applicable utility company.
13.7 Tenant shall have access to the Building and the Premises for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and conditions such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of a separate License Agreement and/or amendment identification cards to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementextent applicable.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Lease (Ellipse Technologies Inc)
Services and Utilities. 5.1 Con Edison shall14.1 From and after the Lease Commencement Date, subject Landlord will provide to the terms Premises: air-conditioning and conditions of heating during the seasons they are required in order to maintain a separate License Agreement and/or amendment to comfortable environment in the Easement GrantPremises in Landlord's reasonable judgment, provided the population density in a form acceptable particular area of the Premises does not exceed 7.5 people per 1,000 square feet and electrical usage does not exceed 6 xxxxx per square foot (and it being understood that Tenant shall be responsible for supplemental cooling that may be necessary for Tenant's computer, phone, and other equipment); janitorial service on Monday through Friday (or, at Landlord's option, Sunday through Thursday) only (excluding Holidays) substantially in accordance with Exhibit G, access to Con Edison electric power from the utility provider for Tenant's use; standard hot and cold water in its sole discretionBuilding standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, allow except in the Power Authority to use event of an emergency); landscaping and occupy certain land at snow removal during the Con Edison Landsseasons they are required; and exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, as preliminarily shown then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights Friday for telecommunications facilities, including phone lines and communication lines, water lines, extra service needed on Saturday or Sunday). Tenant shall pay for potable water protection, two (2) 27 kV feeder(s) for light and powersuch extra service in accordance with Landlord's then-current schedule, which shall be owned reflect Landlord's cost of providing such service (including a reasonable activation fee but without a profit increment). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Power Authority Landlord to the Premises directly from the Y connection supplier (which Tenant shall not be permitted to do without Landlord's prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the Con Edison System year (except in the event of an emergency). Landlord may provide a card key (or similar type of) access system to provide access to the Astoria Annex Substation, power supply from Building and the Power Authority’s transformers Parking Facility at times other than Building Hours. Access to the PURS, and first floor portion of the extension Premises is gained via card key. A reasonable number of dielectric oil cooling lines access cards or other means of access shall be provided to Tenant at Tenant's cost. Tenant shall also be responsible for the Q35L & Q35M Transmission Linescost of replacement cards. In obtaining the light and power for the Facility, Power Authority Such access cards shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service be issued by Landlord to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity specific individuals that are delivered designated by Tenant. Tenant shall not permit anyone, except for Tenant's employees, permitted subtenants and assigns and authorized guests, to enter the Facility and that are metered Building at times other than the revenue metersBuilding Hours. All such utility/services facilities shall persons entering or exiting the Building at times other than the Building Hours shall, at Landlord's discretion, be owned by the Power Authority required to sign in and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementout.
5.2 Prior to the O&M Commencement Date, the Power Authority shall 14.2 Landlord may install, at Landlord's expense, checkmeters to electrical circuits serving Tenant's equipment to verify that Tenant is not consuming excessive electricity (as defined below). If such checkmeters indicate that Tenant's electricity consumption is excessive beyond the capacity required to be provided by Landlord hereunder, Landlord may install at Tenant's expense submeters to ascertain Tenant's actual electricity consumption, and Tenant shall thereafter pay for such excess consumption at the then-current rates charged by the electric service provider selected and used by Landlord (or, at Landlord's sole option, Tenant shall thereafter pay for Tenant's entire consumption at such rates, with Landlord making an appropriate adjustment to Operating Charges on account thereof).
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Intentionally deleted.
14.5 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord's failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole cost and expenseexclusive remedy, (i) its own water meter at to an abatement of the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter Base Rent payable hereunder for the PURS period beginning on the day after such five (5) business day period ends and Pressurization Plants at continuing until the Power Authority Property associated with Q35L & Q35M Transmission Lines earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (ivb) at other locations Landlord shall use reasonable efforts to restore such failure or inability so long as Con Edison reasonably requests for the Facility. On such failure or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred inability is within Landlord's reasonable control to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicescorrect.
Appears in 1 contract
Samples: Office Lease Agreement (Wells Real Estate Fund Xi L P)
Services and Utilities. 5.1 Con Edison shallA. Landlord shall provide, without cost or expense to Tenant, the necessary mains, feeders, pipes, ducts and conduits to bring electricity services and heating, ventilation and air conditioning (HVAC) services to the demised premises. Landlord shall also provide all connections and all outlets, risers, wiring, piping, duct work or other means of interior distribution of electricity and HVAC service within the demised premises.
B. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall provide the following facilities and services to Tenant without additional charge to Tenant (except as otherwise provided herein):
(1) Landlord will provide restroom facilities and necessary lavatory supplies, including hot and cold running water, at those points of supply provided for general use of other tenants in the Building, and routine maintenance, painting and electric lighting service for all public areas and special service areas of the Building in the manner and to the extent that is standard for similar first-class buildings in Washington, D.C.
(2) Landlord will provide access to the demised premises on a full- time twenty-four hour a day basis, subject to such reasonable regulations as Landlord may impose for security purposes.
(3) Landlord will provide heating, ventilation and air conditioning (HVAC) services as follows:
(a) Landlord will provide HVAC services Monday through Friday from 8:00 A.M. to 6:00 P.M., and Saturday from 9:00 A.M. to 1:00 P.M. (holidays recognized by Landlord excepted but not to exceed fourteen (14) holidays per year unless otherwise agreed in writing between Landlord and Tenant) on an all year round basis.
(b) Landlord will maintain the terms building HVAC system, as well as the means of interior distribution within the demised premises, and conditions will use all reasonable care to maintain the system in proper and efficient operating condition. Landlord will not be responsible for the failure of the air conditioning system to meet normal requirements, if such failure results from the occupancy of the demised premises by more than an average of one person for each 100 square feet, or from faults in any interior distribution system provided by Tenant.
(c) Xxxxxx agrees to keep and cause to be kept closed, at all times, exterior doors in the demised premises, except for normal ingress and egress, and Xxxxxx agrees to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of said HVAC system.
(d) Landlord will maintain the above building standard air conditioning unit identified in Exhibit B for one (1) year and will be responsible for all service and repairs of problems reported by Tenant within one (1) year of the Lease Commencement Date. Xxxxxxxx will be responsible for design defects for a period of five years. In the event of a separate License Agreement and/or amendment dispute between Landlord and Xxxxxx as to whether a repair is required due to a design defect, such dispute shall be finally settled by a third party contractor. Electricity will be provided to this air conditioning unit on a full-time twenty-four hour a day basis.
(4) Landlord will provide hot and cold running water on a full-time twenty-four hour a day basis, subject to such reasonable regulations as Landlord may impose. Landlord will use all reasonable care to maintain the Easement Grantbuilding plumbing system, as well as the interior plumbing within the demised premises, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use proper and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesefficient operating condition. In obtaining the light and power for event that a problem with the Facilitybuilding plumbing system or the interior plumbing within the demised premises is caused by an act or omission of Tenant, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered Landlord will correct such problem at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its Tenant's sole cost and expense, .
(i5) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment Landlord will provide electrical energy which Tenant requires in the Astoria Annex Substationdemised premises for lighting purposes and for operation of electrical office equipment, machinery and other property normally associated with use of space for office purposes but not including any additional requirement of Tenant caused by installation or operation of equipment, machinery or property as to which prior written consent of Landlord is required under Article 14. Overhead lighting will be provided Monday through Friday from 7:00 A.M. to 11:00 P.M., and Saturday from 7:00 A.M. to 3:00 P.M. (iiiholidays recognized by Landlord excepted but not to exceed fourteen (14) its own revenue/electric meter holidays per year unless otherwise agreed in writing between Landlord and Tenant).
(6) Landlord will provide after hours lighting and HVAC services at reasonable hourly rates; provided, that Tenant shall give notice to Landlord prior to 1:00 P.M. on the day such service is required in the case of after hours service on weekdays, prior to 3:00 P.M. on the Friday preceding the day such service is required in the case of after hours service on weekends, and prior to 1:00 P.M. on the last business day preceding the holiday on which such service is required in the case of after hours service on holidays.
(7) Landlord will provide after hours Monday through Friday maintenance and housekeeping services, including replacement of fluorescent bulbs, glass cleaning, dusting, sweeping, vacuuming, and removal of trash, in a manner consistent with the standard for similar first-class office buildings in Washington, D.C. Such services shall also include cleaning the showers, sinks, and kitchen areas within the demised premises.
(8) Landlord will make available for Tenant's ordinary business usage conference rooms and meeting rooms, provided that Tenant shall give Landlord forty-eight (48) hours advance notice, and provided that such facilities are not scheduled to be used by Landlord or committed for use to other eligible users. Tenant's use of Landlord's conference rooms, adjacent atria, and other areas designed for common use by Building occupants for receptions shall require prior written permission from Landlord for each individual occasion, which permission shall not unreasonably be withheld. Permission shall be considered reasonably withheld if such facilities are scheduled for use by Landlord or committed for use to other eligible users. Any added costs for services such as set-up, restoration, security, engineering and catering arising from Tenant's use of Landlord's reception rooms or other facilities for any purpose shall be paid by Tenant on a direct cost basis plus any general administrative costs to INTELSAT. Catering service is available in the Building.
(9) Landlord shall maintain the Building common areas in good, safe, and sanitary condition and repair.
(10) Landlord shall maintain security which is adequate in Landlord's reasonable judgment for the PURS and Pressurization Plants Building.
(11) Landlord shall provide at least one operational elevator in the Power Authority Property associated Building at all times. After notice of an elevator problem, Landlord shall undertake to make appropriate repairs with Q35L & Q35M Transmission Lines and due diligence.
(iv12) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters Tenant shall be transferred entitled to Con Edison. The Power Authority shall establish accounts for full access to the cafeteria facilities during normal hours of operation.
C. If Landlord fails to provide any services/utilities, including services, of the services specified in Section 5.1 as applicablethis Article, in its own name. The Power Authority and any such failure continues for fourteen (14) days after Landlord receives written notification from Tenant, if such failure renders the demised premises unsuitable for normal commercial purposes, then Xxxxxx's obligation to pay rent hereunder shall be solely responsible to pay for any and all such services directly reduced in proportion to the provider extent the premises are rendered unsuitable for normal commercial purposes. If Landlord's failure to provide services affects a substantial portion of the demised premises, and renders the demised premises unsuitable for normal commercial purposes, and continues for more than thirty (30) days, Tenant may, by written notice to Landlord, terminate this Lease upon a date not less than thirty (30) days after the date of such servicesnotice.
D. Any failure by Landlord to furnish the foregoing services as a result of governmental restrictions, energy shortages or from any cause beyond the control of Landlord shall not render Landlord liable in any respect for damages to either person or property, or loss of Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of rental, nor relieve Tenant from Tenant's obligations hereunder. If the Building equipment should cease to function properly, Landlord shall use reasonable diligence to repair the same. Landlord shall also use reasonable diligence to rectify any problem adversely affecting any of the above services and utilities.
Appears in 1 contract
Samples: Letter Agreement on Administration of Building Common Areas (Opnet Technologies Inc)
Services and Utilities. 5.1 Con Edison shall(a) As long as an Event of Default shall not exist, Landlord shall provide the following services and utilities during normal business hours on all days except Sundays and federal and state holidays, or unless otherwise stated below. Cost of such services shall be included as an Operating Cost.
(i) subject to Tenant’s duty to pay for such services as described herein and when necessary during normal business hours, central heating and air conditioning in the Common Areas at temperature levels customary for comparable office buildings in the immediate vicinity;
(ii) janitorial services five business days per week; and
(iii) at least one elevator, to be used in common with other tenants. “Normal business hours” for purposes of clause (a) above shall be deemed to mean the periods from 8:30 a.m. until 5:30 p.m. on business days (Monday through Friday). Tenant shall nonetheless have access to the Premises and elevators twenty-four (24) hours a day, subject to and in accordance with any security procedures that Landlord may have in place.
(b) Tenant shall be responsible for the terms cost of all electricity to the Premises, including lights, outlets, VAV boxes, and conditions Tenant’s proportionate share of the air handling units on the floor, and after-hours HVAC service to the Premises. Tenant shall pay for electric current supplied to or used in the Premises. Except for electricity serving the air handling units on the floor, electric service shall be separately metered and billed directly to Tenant, and Tenant shall make payments directly to the service provider. Landlord shall not be liable to Tenant for damages arising as a result of service interruptions caused by any electric service provider.
(c) Any failure by the Landlord to furnish any of the foregoing services or utilities to the Building, resulting from circumstances beyond the Landlord’s reasonable control or from interruption of such services due to repairs or maintenance shall not render the Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of the Tenant, nor cause an abatement of rent hereunder, nor relieve the Tenant from any of its obligations hereunder. Notwithstanding the foregoing to the contrary, Tenant shall be entitled to receive a rent abatement in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder if (a) Landlord is not proceeding diligently and in good faith to correct such failure and inability and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of ten (10) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises using such period. If any public utility or governmental body shall require the Landlord or the Tenant to restrict the consumption of any utility or reduce any service for the Building, the Landlord and the Tenant shall comply with such requirements, whether or not the services and utilities referred to in this section 8 are thereby reduced or otherwise affected, without any liability on the part of the Landlord to the Tenant or any other person or any reduction or adjustment in rent payable hereunder.
(d) Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a separate License Agreement and/or amendment greater capacity than the facilities existing, such installation shall be subject to Landlord’s reasonable prior written approval of Tenant’s plans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Easement GrantPremises.
(e) Landlord shall cause to be operated a trash removal service for the Project, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use costs and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, expenses of which shall be owned by Power Authority from a part of Operating Costs. In the Y connection event that Tenant’s use of the Con Edison System Premises requires trash removal services in excess of that required for standard office tenants, Tenant shall pay to Landlord, as additional rent all costs and expenses in excess of the Astoria Annex Substation, power supply from the Power Authority’s transformers trash removal costs which are attributable to the PURS, and the extension of dielectric oil cooling lines such excess usage.
(f) The Landlord does not warrant that any utilities provided by any utility company for the Q35L & Q35M Transmission Lines. In obtaining Building or the light and power for Landlord will be free from shortages, failures, variations or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con EdisonLandlord’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to timereasonable control. The charges for the Con Edison delivery services referenced herein Landlord in no event shall be based on quantities liable for damages by reason of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Dateshortage, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On failure or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilitiesvariation, including serviceswithout limitation loss of profits, specified in Section 5.1 as applicablebusiness interruption or other incidental or consequential damages unless caused by Landlord or its agents, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesemployees and/or contractors.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall, subject 14.1 Landlord will furnish to the terms Premises air-conditioning and conditions heating during the seasons they are required in Landlord’s reasonable judgment. Landlord will provide: janitorial service after normal hours on Monday through Friday (excluding federal holidays); electricity; water; elevator service; and exterior window-cleaning service. The Building’s normal operating hours are 8:00 a.m. to 6:00 p.m. on Monday through Friday (excluding federal holidays) and 9:00 a.m. to 1:00 p.m. on Saturday (excluding federal holidays) and such other hours as Landlord determines. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities beyond such hours. If Tenant requires air-conditioning or heating beyond such hours, then Landlord will furnish the same, provided Tenant gives sufficient advance notice of such requirement and pays for same in accordance with Landlord’s then-current schedule. On the date of this Lease, the current schedule for overtime HVAC is $50.00 per hour.
14.2 Any piece of equipment installed in the Premises having a separate License Agreement and/or amendment name plate rating in excess of two kilowatts shall be deemed as requiring excess electric current. Landlord shall have the right to either install submeters or checkmeters to record the electrical consumption by such piece of equipment, or cause an independent engineer to survey and determine such consumption. Tenant shall pay the cost of any such survey and metering and installation, maintenance and repair thereof. Tenant shall pay Landlord (or the utility company, if direct service is provided by such company) for such consumption as shown by such metering (or a flat monthly charge determined by the survey) based on the rates charged for such service by such company. This Section shall not apply to normal office equipment such as personal computers, copiers, televisions, refrigerators, microwaves, VAV boxes with reheat coils and similar items but shall apply to supplemental air conditioning units.
14.3 Tenant shall have access to the Easement GrantBuilding twenty-four (24) hours per day, in a form acceptable to Con Edison in its sole discretionseven (7) days per week, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two via an electronic perimeter access system. At least one (21) 27 kV feeder(s) for light and power, which elevator shall be owned by Power Authority from the Y connection in service at all times, except in case of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementan emergency.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Samples: Lease (Telvent Git S A)
Services and Utilities. 5.1 Con Edison shallThe Lessor agrees to provide and maintain (a) heat and air conditioning in the common core area only, subject Monday through Friday, during normal business hours (7:00 A.M. to 6:00 P.M.) and Saturday from 8:00 A.M. to 12:00 P.M., and at such other times as Lessor in its reasonable discretion deems necessary for normal office occupancy and for the comfort of Lessees and occupants of the Project; (b) cold water for toilet and lavatory purposes only within the common core areas only; (c) custodial services in the common core area only at a level determined by the Lessor; and (d) trash removal services at the Project on a regularly scheduled basis; Lessee must remove all trash to the terms dumpster - such trash to be limited to normal office trash and conditions items like large empty boxes (which must be broken down). Note: Trash generated from the initial move in to the facility shall not be placed in the dumpster. Lessee must make arrangements to have this trash otherwise removed. Lessee agrees to exercise due care and prudence in the use of utilities at all times, and to comply with all Federal, State and Local guidelines concerning same. In the event Lessor incurs electrical costs resulting from Lessee’s use of the Leased Premises during periods other than normal business hours, Lessee agrees to reimburse Lessor for that portion of the costs which are attributable to the additional use. Lessor shall submit to Lessee a statement itemizing the additional use and cost thereof, and Lessee shall pay such sums to Lessor with the next due rental payment. Lessor in furnishing the foregoing services does not contemplate occupancy involving extraordinary consumption or generation of heat affecting temperatures otherwise normally maintained by the air conditioning system. The “Property” where the Leased Premises are located has one (1) master electric meter. The Leased Premises shall have a sub-meter to measure the electric consumption of the Lessee for the purpose of allocating costs billed to the master meter by JEA and the Lessee shall be billed for its own electrical consumption. If Lessee shall require water in the Leased Premises, Lessee will procure prior written approval from Lessor and make arrangements to pay periodically for the direct expense of utilities including electric, water and sewer, and HVAC. Lessee agrees to reimburse Lessor promptly following the rendering of a separate License Agreement and/or amendment xxxx to the Easement Grant, Lessee for any such charges incurred. The Lessor will keep in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use good condition and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection reasonable state of repair those portions of the Con Edison System to Project consisting of the Astoria Annex Substationentrance, power supply from the Power Authority’s transformers to the PURSlobby, stairways, corridors, elevators, landscaped areas, parking areas, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded other facilities from time to timetime provided for use in common by the Lessees of the building. The charges Lessor agrees to repair, so far as reasonably feasible, any defects in the standard walls, structural elements, the roof, exterior walls, common core area ceilings, electrical and mechanical installations, plumbing and the like. The Lessor shall in no event be required to make repairs to the leasehold improvements made by the Lessee or made by the Lessor on behalf of the Lessee or to make repairs on the reasonable wear and tear within the Leased Premises. The Lessee covenants with the Lessor to repair, maintain and keep at the Lessee’s own cost the improvements made by the Lessee or other property not covered by the Lessor’s obligation to repair including electric, lighting, plumbing, and mechanical (HVAC) systems serving the Leased Premises. The Lessee agrees that the Lessor shall have the right to enter the Leased Premises of the Lessee at all reasonable times and place to make repairs and/or adjustments to the Leased Premises, but not to impose any obligations beyond those specifically set forth herein. Lessee will be responsible for the Con Edison delivery services referenced herein cost of replacement of Lessee’s light bulbs in overhead fixtures. The Lessee shall be based on quantities of electricity that are delivered entitled to the Facility use of the passenger elevators for the carrying of passengers to the various floors. Any uses of the elevators that require the carrying of equipment, furniture, supplies and that are metered the like shall be coordinated through the Lessor. Any damage done to the elevators, doorways, building, etc. as a result of these uses shall be repaired at the revenue meters. All such utility/services facilities shall be owned by expense of the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementLessee.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Appears in 1 contract
Services and Utilities. 5.1 Con Edison shall(a) The Landlord shall furnish the Tenant with the following services and utilities in the Premises, subject to the terms provisions of PARAGRAPH 5.
(1) JANITOR SERVICE, except in storage space, in and conditions of a separate License Agreement and/or amendment about the Premises, each day except on Saturdays, Sundays and holidays (the "Holidays") listed in Rider B hereto. As to the Easement GrantOffice Space, in a form acceptable the Landlord will provide weekly trash removal and monthly general cleaning. As to Con Edison in its sole discretionthe other areas of the Premises (except Storage Space), allow the Power Authority to use and occupy certain land Landlord will provide daily trash removal. The Tenant shall not provide any additional or alternative janitor service without the Landlord's written consent. If the Landlord consents, such janitor service shall be at the Con Edison LandsTenant's sole cost and responsibility and the Tenant shall pay the Landlord a reasonable fee to coordinate these multiple janitorial services. The Tenant shall not provide any janitor service in the Premises except through a Person satisfactory to the Landlord; provided, as preliminarily shown that if the Landlord determines that such Person will cause labor disharmony on the SurveySite, attached hereto as Exhibit E, as required rejection of that Person shall not be subject to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two challenge by the Tenant.
(2) 27 kV feeder(s) HEAT AND AIR CONDITIONING whenever heat or air conditioning shall, in the Landlord's sole judgment, be required for light and power, which shall be owned by Power Authority from the Y connection comfortable occupation of the Con Edison System to Premises. Whenever heat generating machines or equipment or lighting fixtures are used in the Astoria Annex SubstationPremises and affect the temperature otherwise maintained by the Building air conditioning system, power supply from the Power Authority’s transformers to Landlord may install supplementary air conditioning units in or for the PURSbenefit of the Premises, and the extension cost of dielectric oil cooling lines for installation, operation and maintenance thereof shall be paid by the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service Tenant as additional rent to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementLandlord.
5.2 Prior to (3) WATER for drinking, lavatory and toilet purposes.
(4) ELECTRICITY for uses within the O&M Commencement DateOffice Space and Storage Space, the Power Authority shall install, at its sole cost and expense, provided that (i) its own water meter at the Astoria Annex Substation, connected electrical load of the use does not exceed an average of three xxxxx per square foot of that portion of the Premises; (ii) its own revenue/electric meters the electricity so furnished for equipment in such use will be at nominal 120 volt single phase and that no electrical circuit for the Astoria Annex Substation, supply of such use will have a current capacity exceeding 15 amperes and (iii) its own revenue/electric meter such electricity will be used only for the PURS equipment and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred accessories normal to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicesoffice usage.
Appears in 1 contract
Samples: Lease Agreement (Emagin Corp)
Services and Utilities. 5.1 Con Edison shallLandlord shall maintain or cause to be maintained the public and common areas of the Building, such as lobbies, elevators, stairs, corridors, and restrooms, in good order and condition except for damage occasioned by any act or omission of Tenant, the repair of which damage shall be paid for by Tenant. As long as Tenant is not in default with respect to any of the provisions, covenants or conditions of this Lease on Tenant’s part to be performed, and subject to the terms and conditions provisions of a separate License Agreement and/or amendment this Section 6, Landlord will provide the following services to the Easement GrantDemised Premises:
(a) from 8:00 a.m. to 6:00 p.m. on weekdays (“Normal Business Hours”) and from 8:00 a.m. to 1:00 p.m. on Saturdays (“Saturday Mornings”) (excluding legal and, if applicable, union holidays), Landlord shall furnish the Demised Premises with water, electric, heat and air-conditioning and elevator service;
(b) during all other hours, Landlord shall furnish such services except for heat and air-conditioning. Landlord shall also provide light replacement service in the public and common areas of the Building only, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service, as specified in Exhibit “G” attached hereto and made a form acceptable part hereof. Landlord agrees to Con Edison employ a bonded or insured janitorial service company. No janitorial service shall be provided on Saturdays, Sundays or union or legal holidays. The costs of any janitorial services or any other types of services provided or caused to be provided by Landlord to Tenant which are in its sole discretionaddition to services ordinarily provided Building tenants, allow shall be payable as Additional Rent by Tenant at Landlord’s then established rates. Overtime HVAC service shall be provided to the Power Authority floor on which the Demised Premises are located upon twenty-four (24) hours’ prior notice to use Landlord and occupy certain land shall be paid for by Tenant as Additional Rent at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned rates therefor established by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded Landlord from time to time. The charges If more than one (1) tenant on a multi-tenant floor requests overtime HVAC service, the charge therefor shall be apportioned among the tenants requesting such service. Replacement of bulbs and tubes in the Demised Premises shall be provided by Landlord and paid by Tenant at such reasonable rates as Landlord shall establish from time to time. Electricity (other than for the Con Edison delivery services referenced herein electricity utilized by the air conditioning compressors and fans and water for the common areas of the Building) shall be based included in the Operating Costs defined in Section 6(b)(v) hereinafter. Electricity for lighting, for operation of customary office machines and for heating and ventilating of the Demised Premises (the “Standard Electric Costs”) shall be metered pursuant to a meter maintained by Landlord at Tenant’s expense. Tenant shall also pay a pro rata share of the costs for electricity utilized by the air conditioning compressors and fans for the entire Building (the “Air Conditioning Electric Costs”), calculated on quantities a per square foot basis in accordance with the same ratio as Tenant’s pro rata share of electricity that are delivered Operating Expenses. Tenant’s pro rata share of Standard Electric Costs and Tenant’s pro rata share of the Air Conditioning Electric Costs shall be paid for by Tenant within ten (10) days following Tenant’s receipt of Landlord’s invoice therefor at the then average rate paid by Landlord to the Facility public utility company selected by Landlord to furnish electricity in the Building, including all surcharges, taxes, fuel adjustments, transfer charges, meter reading or similar charges regularly passed on by the public utility furnishing electricity to the Building. If the Demised Premises is less than a full floor, Landlord may elect only to install a single meter on the floor, in which case the cost of such meter and that are metered at of the revenue meters. All such utility/services facilities electricity on the floor shall be owned apportioned equitably in such a manner as Landlord shall determine among the tenants on such floor. Landlord shall not be liable for any loss, injury or damage to Tenant or its or any other property caused by the Power Authority and shall be maintained by Con Edison pursuant or resulting from any variation, interruption, or failure of such services due to any cause whatsoever, or from failure to make any repairs or perform any maintenance, or incident to the terms making and conditions performance thereof, nor shall the same constitute an eviction of this Composite Agreement.
5.2 Prior to Tenant or relieve Tenant from any of Tenant’s obligations hereunder. Tenant shall abide by all regulations and requirements prescribed by Landlord for the O&M Commencement Dateproper functioning and protection of the Building’s heating, ventilation and air-conditioning system. Before installing any equipment and lights which generate an undue amount of heat in the Power Authority shall installDemised Premises (equipment and lights which generate in excess of 1.75 xxxxx per square foot), at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for or before Tenant uses any high power usage equipment in the Astoria Annex SubstationDemised Premises (i.e., (iiiequipment with power requirements equal to or in excess of 220 volt single phase 30 amperes) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before Tenant shall affect the O&M Commencement Datetemperature otherwise maintained by the air-conditioning system, ownership Tenant shall obtain the prior written permission of all Landlord. Landlord may refuse to grant such revenue meters permission unless Tenant shall agree to pay the costs of Landlord for installation of supplemental air-conditioning capacity or electrical systems as necessitated by such equipment. In addition, Tenant shall pay Landlord, in advance, on the first day of each month during the Demised Term, the reasonable amount estimated by Landlord as the cost of operation and maintenance of supplementary air-conditioning as necessitated by Tenant’s use of such equipment. The Rent stated in Section 3 hereof does not include any amount to cover the cost of furnishing additional air-conditioning for such purposes, and such costs shall be transferred payable by Tenant as Additional Rent. Landlord may in its discretion install and operate at Tenant’s cost a monitoring/metering system in the Demised Premises to Con Edisonmeasure the added demands on heating, ventilation, and air-conditioning systems resulting from Tenant’s heat generating high power equipment usage, and after hours service requirements and Tenant shall pay to Landlord as Additional Rent the cost of providing any such additional heating, ventilating or air-conditioning to the Demised Premises. The Power Authority Landlord shall establish accounts have the same rights with respect to non-payment of amounts due from Tenant for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such of the above-described additional services directly it has with respect to the provider non-payment of such servicesRent hereunder.
Appears in 1 contract
Samples: Office Lease (Combinatorx, Inc)
Services and Utilities. 5.1 Con Edison shall(a) Landlord shall maintain the Common Areas, including lobbies, stairs, elevators, corridors and rest rooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in reasonably good order and condition, except for damage occasioned by the act of Tenant, its agents, servants, employees or invitees, which damage shall be repaired by Landlord at Tenant's expense.
(b) Provided Tenant is not in default hereunder, and subject to the provisions contained elsewhere herein and in the Rules and Regulations, Landlord agrees to furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive in any event of Sundays and legal holidays), heat and air conditioning required in Landlord's judgment for the comfortable use and occupancy of the Premises, in accordance with the specifications set forth on Exhibit "C" attached hereto and by this reference made a part hereof; janitorial services during the times and in the manner set forth in Landlord's Cleaning Specifications attached hereto as Exhibit "E," and elevator service. Except as provided in Paragraph 38 of this Lease, Landlord shall be under no obligation to provide additional or after-hours heating or air conditioning, but if Landlord elects to provide such services at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined from time to time by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Whenever heat-generating machines, excess lighting 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 and metering devices for such units in the Premises, and the cost thereof, including the cost of electricity and/or water therefor, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord agrees to furnish to the Premises electricity for general office purposes and water for lavatory and drinking purposes, subject to the terms and conditions provisions of a separate License Agreement and/or amendment subparagraph 5(c) below. Except as set forth in Paragraph 41 of this Lease, Landlord shall in no event be liable for any interruption or failure of utility services to the Easement GrantPremises or for any result thereof.
(c) Tenant will not without the prior written consent of Landlord use any apparatus or device in the Premises which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electric current or water. If Tenant, in a form acceptable Landlord's judgment, shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space (it being understood that such an excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Tenant shall first procure the prior written consent of Landlord, to Con Edison the use thereof, which Landlord may refuse, in its sole discretion, allow and Landlord may cause a special meter to be installed in the Power Authority Premises so as to use measure the amount of water, electric current or other resource consumed for any such other use. The cost of any such meters and occupy certain land installation, maintenance and repair thereof shall be paid for by Tenant, and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at the Con Edison Landsrates charged by the local public utility furnishing the same, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection plus any additional expense incurred in keeping account of the Con Edison System to water, electric current or other resource so consumed. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, rental herein reserved be abated (except as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions set forth in Paragraph 41 of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, Lease) by reason of: (i) its own water meter at the Astoria Annex Substationinstallation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services; (ii) its own revenue/electric meters for equipment failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by Acts of God or the Astoria Annex Substationelements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building; or (iii) its own revenue/electric meter for the PURS and Pressurization Plants at limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for Premises or the FacilityBuilding. On or before the O&M Commencement DateFurthermore, ownership of all such revenue meters Landlord shall be transferred entitled to Con Edison. The Power Authority shall establish accounts for cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing consumption of energy, water or any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority other resources.
(d) Any sums payable under this Paragraph 5 shall be solely responsible considered Additional Rent and may be added to pay any installment of Rent thereafter becoming due and shall accrue late charges as Rent as set forth in subparagraph 19(g) of this Lease, and Landlord shall have the same remedies for a default in payment of such sums as for a default in the payment of Rent.
(e) Tenant shall not provide any janitorial services without Landlord's prior written consent and then only subject to supervision of Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. Any such services directly to the provider of such servicesprovided by Tenant shall be at Tenant's sole risk, cost and responsibility.
Appears in 1 contract
Samples: Lease Agreement (Inhibitex Inc)
