Services and Utilities. Provided that Tenant is not default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is cause by accident, breakage, repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of Operation and Maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlet in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such 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 to Landlord promptly upon demand therefor by Landlord for all such water and electric expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Samples: Office Building Lease (Anchor Pacific Underwriters Inc)
Services and Utilities. Provided that the Tenant is not in default hereunder, Landlord Xxxxxxxx agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, machines and heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet toilet/shower rooms in the Building of which the Premises are a part. Landlord shall not be liable forliable, 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 cause by accident, breakage, repairs, strikes, lockouts or other labor disturbances of 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 circumstances, for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoingforgoing. Wherever Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost costs thereof, including the cost of the installation, and the cost of Operation the operation and Maintenance maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 130 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlet outlets in the Premises, any apparatus or device, for the purpose of using electric electrical current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or an electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred insured in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Samples: Office Space Lease Agreement (Mobile Pet Systems Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be and during hours determined by Landlord at his in its sole discretiondiscretion (currently Monday through Friday 8:00 a.m. to 6:00 p.m., excepting nationally recognized holidays, and Saturdays from 8:00 a.m. to 1:00 p.m.), and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, electricity for normal lighting desk top office equipment and fractional horsepower office machinesnormal copying equipment, heat and heating, ventilation and air conditioning (“HVAC”) as required in Landlord's ’s judgment for the comfortable use and occupation occupancy of the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and janitorial serviceTenant shall pay Landlord’s charges therefor on demand (currently $45.00 per hour). Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord's failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is cause caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances of labor disputes of any character, condition or by any other cause, similar or dissimilar, 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. Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoingsuch services. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC system, . Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and the cost of Operation and Maintenance thereof maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including, but including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises premises as general office space; nor , as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlet outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuse, to and in the use thereof and event of consent. Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and electric or electrical current consumed for any such useconsumed. The cost of any such meters meter and of installationits Installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerengineer hired by Landlord at Tenant’s expense. Nothing contained in this Article 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 maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Samples: Sublease Agreement (Biolargo, Inc.)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, to any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is cause caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances of or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of Operation operation and Maintenance maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; , nor connect with electric current except through existing electrical outlet outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such 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 to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Services and Utilities. Provided A. Tenant shall pay directly for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges 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. Tenant shall have the right to conduct its business operations within the Premises, and to receive reasonable quantities of water, electricity and HVAC in connection therewith, seven (7) days per week, twenty-four (24) hours per day. If any such services are not separately billed or metered to Tenant, Tenant shall pay a proportion, as determined by Landlord, of all charges jointly serving other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder. Landlord shall use reasonable efforts to reasonably capture any material benefit available through deregulation of electricity supply or of the supply of other utilities.
B. Tenant acknowledges that Tenant is not default hereunderhas inspected and accepts the water, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineselectricity, heat and air conditioning required in Landlord's judgment for and other utilities and services being supplied or furnished to the comfortable use and occupation 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 janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms for Tenant's intended operations in the Building of which the Premises are a part. Landlord shall not be liable for, and Premises.
C. 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 cause by accident, breakage, repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of Operation and Maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of LandlordLandlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus apparatus, equipment or device in the Premises, includingincluding without limitation, but without limitation theretocomputers, electronic data processing machines, punch card copying machines, and machines other machines, using excess lighting or using electric current, water, or any other resource in excess of 120 volts, or which will in any way increase the amount of electricity usually 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 general office space; nor connect with electric current except through existing electrical outlet in of the date Tenant takes possession of the Premises, any apparatus or deviceif any, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacereasonably determined by Landlord, Tenant shall first procure the written consent of LandlordLandlord (which consent shall not be unreasonably withheld, which Landlord may refusedelayed or conditioned), to the use thereof thereof, and Landlord may cause a water meter or electrical current special meter to be installed in the Premises, Premises 40 so as to measure the amount of water and water, electric current or other resource consumed for any such other use. The Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter 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 reasons 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; 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 or Project 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. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises. In addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not be obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services 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. Subject to Paragraph 35 of this Lease, for service or utilities that Landlord is required to supply to the Premises hereunder, but is actively negligent in adequately providing or altogether fails to provide, Tenant's Rent shall be abated or reduced for such period of time that the Premises or portion thereof is not installedsupplied with such services or utilities, such excess cost in proportion to the rentable square feet of the Premises that is so affected bears to the total rental square feet of the Premises.
D. Landlord acknowledges and agrees to Tenant's exclusive use, operation, maintenance, repair and security protection of those certain underground conduit, vault and equipment facilities within the Project for such water Tenant's telecommunication cabling and electric current will be established by an estimate made by a utility company or electrical engineerequipment. Furthermore, Tenant agrees to and accepts complete and full responsibility and control of the facilities described in the preceding sentence.
Appears in 1 contract
Services and Utilities. Provided that Tenant tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairsareas, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, to any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is cause caused by accident, breakage, repairs, strikesstrike, lockouts or other labor disturbances of or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of Operation operation and Maintenance maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but not without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; , nor connect with electric current except through existing electrical outlet outlets in the Premises, any apparatus or device, devise for the purpose of using electric current. If current if Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, . Tenant shall first procure the written consent of Landlord, which Landlord who may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such 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 to Landlord promptly upon demand therefor therefore by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Samples: Lease Agreement (Pawnbroker Com Inc)
Services and Utilities. Provided A. Tenant shall (where practicable) contract for and pay directly when due, for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges cleaning, waste disposal and other utilities end 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 billed or metered with other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
B. Tenant acknowledges that Tenant is not default hereunderhas inspected and accepts the water, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineselectricity, heat and air conditioning required in Landlord's judgment for and other utilities and services being supplied or furnished to the comfortable use and occupation 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 janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms for Tenant's intended operations in the Building Premises. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of which the Premises are a part. Landlord shall not be liable forsun's position, and Tenant shall not be entitled to, any reduction of rental also agrees at all times to cooperate fully with Landlord and to abide by reason of Landlord's failure to furnish any all of the foregoing when such failure is cause by accidentregulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical heating, breakage, repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoingventilating and air conditioning systems. Wherever heat heat-generating machines 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, installation and the cost of Operation operation and Maintenance thereof maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. .
C. Tenant will not, shall not without written consent of Landlord, Landlord use any apparatus apparatus, equipment or device in the Premises, includingincluding without limitation, but without limitation theretocomputers, electronic data processing machines, punch card copying machines, and machines other machines, using excess lighting or using electric current, water, or any other resource in excess of 120 volts, or which will in any way increase the amount of electricity usually 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 and 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 general office space; nor connect with electric current except through existing electrical outlet in of the date Tenant takes possession of the Premises, any apparatus or deviceif any, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacedetermined by Landlord, Tenant shall first procure the written consent of Landlord, Landlord which Landlord may refuse, to the use thereof thereof, and Landlord may cause a water meter or electrical current special meter to be installed in the Premises, Premises so as to measure the amount of water and water, electric current or other resource consumed for any such other use. The Tenant shall pay directly to Landlord upon demand as an addition to and separate from payment of Operating Expenses the cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter 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 is not installedthe 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, such excess cost for such water and labor disturbances of any character, or otherwise, or because of any interruption of service due to Tenant's use of water, electric current will 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 or Project otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building or the diminution in the quality or quantity thereof, whether by Regulation 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 established 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 addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not be obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by an estimate made by a utility company 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 electrical engineerproviders, and their respective agents and contractors, reasonable access to the Promises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith.
Appears in 1 contract
Samples: Sublease (Interwoven Inc)
Services and Utilities. Provided A. Tenant shall pay directly for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges 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. Notwithstanding anything in this Lease to the contrary, Tenant shall have the right to conduct its business operations within the Premises, and to receive reasonable quantities of water, electricity and HVAC in connection therewith, seven (7) days per week, twenty-four (24) hours per day. If any such services are not separately billed or metered to Tenant, Tenant shall pay a proportion, as determined by Landlord, of all charges jointly serving other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder. Landlord shall use reasonable efforts to reasonably capture any material benefit available through deregulation of electricity supply or of the supply of other utilities.
B. Tenant acknowledges that Tenant is not default hereunderhas inspected and accepts the water, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineselectricity, heat and air conditioning required in Landlord's judgment for and other utilities and services being supplied or furnished to the comfortable use and occupation 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 janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms for Tenant's intended operations in the Building of which the Premises are a part. Landlord shall not be liable for, and Premises.
C. 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 cause by accident, breakage, repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of Operation and Maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of LandlordLandlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus apparatus, equipment or device in the Premises, includingincluding without limitation, but without limitation theretocomputers, electronic data processing machines, punch card copying machines, and machines other machines, using excess lighting or using electric current, water, or any other resource in excess of 120 volts, or which will in any way increase the amount of electricity usually 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 general office space; nor connect with electric current except through existing electrical outlet in of the date Tenant takes possession of the Premises, any apparatus or deviceif any, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacereasonably determined by Landlord, Tenant shall first procure the written consent of LandlordLandlord (which consent shall not be unreasonably withheld, which Landlord may refusedelayed or conditioned), to the use thereof thereof, and Landlord may cause a water meter or electrical current special meter to be installed in the Premises, Premises so as to measure the amount of water and water, electric current or other resource consumed for any such other use. The Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter 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 not installedcaused by acts of God or the elements, such excess cost for such water and 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 will be established by an estimate made by a utility company or electrical engineer.other resource in excess of that being supplied or furnished for the use of the Premises as of
Appears in 1 contract
Samples: Sublease Agreement (Mp3 Com Inc)
Services and Utilities. Provided A. Tenant shall (where practicable) contract for and pay directly when due, for all water, gas, heat, light, power, telephone, sewer, sprinkler charges, cleaning, janitorial, 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 billed or metered with other premises. All sums payable under this Paragraph 14 shall constitute Additional Rent hereunder.
B. Tenant acknowledges that Tenant is not default hereunderhas inspected and accepts the water, Landlord agrees to furnish electricity, and other utilities and services being supplied or furnished to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations as of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation date Tenant takes possession of the Premises, if any, as being sufficient in their present condition, “as is,” for the Permitted Use, and janitorial servicefor Tenant’s intended operations in the Premises. Landlord shall also maintain have no obligation to provide electricity to the Premises. Tenant agrees to cooperate fully with Landlord and keep lighted to abide by all of the common stairs, common entries regulations and toilet rooms in requirements which Landlord may reasonably prescribe for the Building proper functioning and protection of which the Premises are a part. Landlord shall not be liable for, and Project’s electrical systems.
C. 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 cause by accident, breakage, repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of Operation and Maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, Landlord use any apparatus apparatus, equipment or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which Premises that will in any way increase require additions or alterations to or interfere with the amount of electricity usually furnished or supplied for the use of the Premises as general office spaceProject power distribution systems; nor connect with electric current current, except through existing electrical outlet outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for pay directly to Landlord upon demand the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish any additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter 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 not installedcaused by acts of God or the elements, such excess cost for such water and labor disturbances of any character, or otherwise, or because of any interruption of service due to Tenant’s use of water, electric current will 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 or Project otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Project or the diminution in the quality or quantity thereof, whether by Regulation 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 established 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 addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not be obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant’s operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by an estimate made by a utility company Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Project, including without limitation allowing Landlord and Landlord’s suppliers or electrical engineerproviders, 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
Services and Utilities. Provided A. Tenant shall pay directly for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges 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. Notwithstanding anything in this Lease to the contrary, Tenant shall have the right to conduct its business operations within the Premises, and to receive reasonable quantities of water, electricity and HVAC in connection therewith, seven (7) days per week, twenty-four (24) hours per day. If any such services are not separately billed or metered to Tenant, Tenant shall pay a proportion, as determined by Landlord, of all charges jointly serving other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder. Landlord shall use reasonable efforts to reasonably capture any material benefit available through deregulation of electricity supply or of the supply of other utilities.
B. Tenant acknowledges that Tenant is not default hereunderhas inspected and accepts the water, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineselectricity, heat and air conditioning required in Landlord's judgment for and other utilities and services being supplied or furnished to the comfortable use and occupation 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 janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms for Tenant's intended operations in the Building of which the Premises are a part. Landlord shall not be liable for, and Premises.
C. 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 cause by accident, breakage, repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of Operation and Maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of LandlordLandlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus apparatus, equipment or device in the Premises, includingincluding without limitation, but without limitation theretocomputers, electronic data processing machines, punch card copying machines, and machines other machines, using excess lighting or using electric current, water, or any other resource in excess of 120 volts, or which will in any way increase the amount of electricity usually 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 general office space; nor connect with electric current except through existing electrical outlet in of the date Tenant takes possession of the Premises, any apparatus or deviceif any, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacereasonably determined by Landlord, Tenant shall first procure the written consent of LandlordLandlord (which consent shall not be unreasonably withheld, which Landlord may refusedelayed or conditioned), to the use thereof thereof, and Landlord may cause a water meter or electrical current special meter to be installed in the Premises, Premises so as to measure the amount of water and water, electric current or other resource consumed for any such other use. The Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter 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 not installedcaused by acts of God or the elements, such excess cost for such water and 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 will be established 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 or Project 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 estimate made by a utility company actual or electrical engineer.constructive eviction of Tenant. Landlord shall further have no
Appears in 1 contract
Samples: Sublease Agreement (Mp3 Com Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his its sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is cause caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances of or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of Operation operation and Maintenance maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlet outlets in the Premises, Premises any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such 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 to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Samples: Office Building Lease (Colorado Business Bankshares Inc)
Services and Utilities. Provided that Tenant is 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 shall furnish to the Premises during reasonable ordinary business hours of generally recognized business days, to be determined by Landlord at his sole discretion(but exclusive, in any event, of Saturdays, Sundays and subject to the rules legal holidays), water for lavatory and regulations of the Building of which the Premises are a part, electricity for normal lighting drinking purposes and fractional horsepower office machineselectricity, heat and air conditioning required 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 customarily furnished in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord's judgment for . Tenant acknowledges that Tenant has inspected and accepts the comfortable use water, electricity, heat and occupation 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 being sufficient for use of the Premises for reasonable and janitorial servicenormal office use in their present condition, "as is," and suitable for the Permitted Use, and for Tenant's intended operations in the Premises. Landlord shall also maintain provide additional or after-hours electricity, heating or air conditioning at Tenant's request and Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep lighted and cause to be kept closed all window covering when necessary because of the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable forsun's position, and Tenant shall not be entitled to, any reduction of rental also agrees at all times to cooperate fully with Landlord and to abide by reason of Landlord's failure to furnish any all of the foregoing when such failure is cause by accidentregulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, breakageheating, repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoingventilating and air conditioning systems. Wherever heat heat-generating machines 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, installation and the cost of Operation operation and Maintenance thereof maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlet in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such 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 to Landlord promptly upon demand therefor by Landlord for all such water and electric expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Samples: Lease (Geocities)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, machines and heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet toilet/shower rooms in the Building of which the Premises are a part. Landlord shall not be liable forliable, 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 cause by accident, breakage, repairs, strikes, lockouts or other labor disturbances of 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 circumstances, for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of the installation, and the cost of Operation the operation and Maintenance maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlet outlets in the Premises, any apparatus or device, for the purpose of using electric electrical current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or an electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such 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 to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred insured in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Samples: Office Space Lease Agreement (Mobile Pet Systems Inc)
Services and Utilities. Provided that Tenant is not default hereunder, Landlord agrees to furnish to shall pay for the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretionelectricity and gas for office equipment and normal copying equipment, and subject to the rules and regulations of the Building of which the Premises are a partheating, electricity for normal lighting and fractional horsepower office machines, heat ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupation occupancy of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord's failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is cause caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances of labor disputes of any character, condition or by any other cause, similar or dissimilar, 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. Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever such services, if Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC system, . Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and the cost of Operation and Maintenance thereof maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will shall not, without the written consent of Landlord, Landlord use any apparatus or device in the Premises, including, but Premises including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in . Tenant shall not connect any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect apparatus with electric current except through existing electrical outlet outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuse, to and in the use thereof and event of consent. Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees Tenaxx xxxees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerat Tenant's expense. Nothing contained in this Article 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 maintenance and repair of any such meters at its sole cost. Tenant shall furnish janitorial services and supplies for the leased Premises.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not default hereunderLessor shall furnish reasonably adequate electricity, Landlord agrees water, lavatory supplies, and automatically operated elevator service and normal and customary cleaning and char service for comparable Tysons Corner buildings (on a five (5) day week basis exclusive of legal holidays) after business hours. Lessor shall furnish hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air-conditioning in season, at such times as Lessor normally furnishes these services to furnish to other tenants in the Premises during reasonable hours of generally recognized business daysBuilding, and at such temperatures and in such amounts as are considered by Lessor to be determined by Landlord at his sole discretionstandard, Monday through Friday, from 8 a.m. to 6 p.m. and subject on Saturday from 8 a.m. to 1 p.m. exclusive of Sundays and holidays during such seasons of the rules year when such services are normally and regulations usually furnished in the modern office buildings in the Washington, D.C. metropolitan area; routine maintenance, painting and electric lighting service for all public areas, garage and special service areas of the Building in the manner and to the extent deemed by Lessor to be standard; proper electrical facilities to furnish sufficient power to machines of low electrical consumption provided, however, that, except for reasonable quantities of low electrical consumption equipment which Lessee is permitted to install in the Demised Premises are a partpursuant to Section 14 without Lessor's consent, electricity for normal lighting and fractional horsepower office Lessee shall bear the utility costs occasioned by electro-data processing machines, heat including air-conditioning costs therefor, mini computers, mainframe computers and air conditioning required in Landlord's judgment for similar machines of high electrical consumption; all subject to Federal, State and County governmental controls and regulations; but failure by Lessor to any extent to furnish these defined services, or any cessation thereof, resulting from causes beyond the comfortable use and occupation control of the PremisesLessor, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not render Lessor liable in any respect for damages to either person or property, nor be liable forconstrued as an eviction of Lessee, and Tenant shall not be entitled tonor work an abatement of Rent, nor relieve Lessee from fulfillment of any reduction of rental by reason of Landlord's failure to furnish covenant or agreement hereof. Should any of the foregoing when such failure is Building equipment or machinery break down, or for any cause by accidentcease to function properly, breakageLessor shall, upon receipt of notice from Lessee of the need therefore, use reasonable diligence to repair the same promptly, but Lessee shall have no claim for rebate of Rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Subject to the terms hereof, regular maintenance and repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, and circumstances and events beyond the reasonable control of LandlordLessor, Lessee and Lessee's employees shall have access to the Building and the Demised Premises twenty-four (24) hours per day, three hundred sixty-five (365) days per year. Landlord Subject to the terms hereof, regular maintenance and repairs, and circumstances and events beyond the reasonable control of Lessor, Lessor shall provide heat and air conditioning at times in addition to those specified above, at Lessee's expense upon not less than twenty-four (24) hours written notice from Lessee, but in no event shall notice be liable under any circumstances provided later than 11:00 a.m. on a Friday for a loss of weekend or injury holiday overtime operation. Lessee shall pay Lessor for said after-hours service based upon Lessor's building standard service charge then-in effect and subject to propertychange from time to time (currently Nineteen Dollars ($19.00) per hour per floor), however occurring, through or plus Lessor's additional charge as then-in connection with or incidental effect and subject to failure change from time to furnish any time (currently Thirty Dollars ($30.00) per hour (regardless of the foregoingnumber of floors)) when an engineer's presence is required or requested by Lessee. Wherever heat generating machines or equipment are used The foregoing charges shall be subject to annual revision by Lessor. Notwithstanding anything herein contained to the contrary, Lessee shall reimburse Lessor upon demand for all electrical consumption and demand charges attributable to electricity provided through the sub-panel installed by Lessor in the Premises which affect the temperature Demised Premises, or otherwise maintained provided for or consumed by the any supplemental heating, ventilation and air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost equipment or other equipment installed by or on behalf of installation, and the cost of Operation and Maintenance thereof shall be paid by Tenant to Landlord upon demand by LandlordLessee. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlet in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such 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 to Landlord promptly upon demand therefor by Landlord for all such water and electric expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.Without limiting the
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Services and Utilities. Provided A. Tenant shall pay directly for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges 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. Tenant shall have the right to conduct its business operations within the Premises, and to receive reasonable quantities of water, electricity and HVAC in connection therewith, seven (7) days per week, twenty-four (24) hours per day. If any such services are not separately billed or metered to Tenant, Tenant shall pay a proportion, as determined by Landlord, of all charges jointly serving other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder. Landlord shall use reasonable efforts to reasonably capture any material benefit available through deregulation of electricity supply or of the supply of other utilities.
B. Tenant acknowledges that Tenant is not default hereunderhas inspected and accepts the water, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineselectricity, heat and air conditioning required in Landlord's judgment for and other utilities and services being supplied or furnished to the comfortable use and occupation 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 janitorial servicefor Tenant's intended operations in the Premises. Landlord shall also maintain have no obligation to provide additional or after hours electricity, 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 by Landlord. Tenant agrees to keep and keep lighted cause to be kept closed all window covering when necessary because of the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable forsun's position, and Tenant shall not be entitled to, any reduction of rental also agrees at all times to cooperate fully with Landlord and to abide by reason of Landlord's failure to furnish any all of the foregoing when such failure is cause by accidentregulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, breakageheating, repairs, strikes, lockouts or other labor disturbances of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoingventilating and air conditioning systems. Wherever heat generating machines excess lighting or equipment are used in the Premises which affect effect 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, installation and the cost of Operation operation and Maintenance thereof maintenance thereof, shall be paid by Tenant to Landlord landlord upon demand by Landlord. .
C. Tenant will not, shall not without written consent of LandlordLandlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus apparatus, equipment or device in the Premises, includingincluding without limitation, but without limitation theretocomputers, electronic data processing machines, punch card copying machines, and machines other machines, using excess lighting or using electric current, water, or any other resource in excess of 120 volts, or which will in any way increase the amount of electricity usually 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 general office space; nor connect with electric current except through existing electrical outlet in of the date Tenant takes possession of the Premises, any apparatus or deviceif any, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacereasonably determined by Landlord, Tenant shall first procure the written consent of Landlord, Landlord which Landlord may refuserefuse (which consent shall not be unreasonably withheld, delayed or conditioned), to the use thereof thereof, and Landlord may cause a water meter or electrical current special meter to be installed in the Premises, Premises so as to measure the amount of water and water, electric current or other resource consumed for any such other use. The Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter 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 not installedcaused by acts of God or the elements, such excess cost for such water and 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 will 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 or Project 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. 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 established untitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility supplies 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 addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not be obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by an estimate made by a utility company 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 electrical engineerproviders, 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.
D. Landlord acknowledges and agrees to Tenant's exclusive use, operation, maintenance, repair and security protection of those certain underground conduit, vault and equipment facilities within the Project for Tenant's telecommunication cabling and equipment. Furthermore, Tenant agrees to and accepts complete and full responsibility and control of the facilities described in the preceding sentence. 16.
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Samples: Sub Sublease (Divx Inc)
