Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.
Appears in 3 contracts
Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Services and Utilities. As long Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the provisions of this LeasePremises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), Landlord shall maintain and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the Premises and the public and common areas HVAC and/or electricity system for additional heating, cooling or electricity outside of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage normal business hours. Such additional HVAC and/or electricity usage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioningelectronically monitored, and elevator service during ordinary business hoursTenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to Tenant be grossly negligent for any a loss of or damage caused by injury to property or resulting from any variationbusiness, interruptionhowever occurring, through or in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises which affect the temperature otherwise maintained by the 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 maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that generates more than usually furnished or supplied for the use of premises as general office space Landlord may have installed a minimum water meter or electrical current meter in the Premises to measure the amount of heatwater or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall obtain pay promptly upon demand for all utilities consumed at utility rates charged by the written permission of Landlord, and local public utility plus any additional expense incurred by Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system in keeping account of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless utilities so stated hereinconsumed. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property be responsible for the maintenance and repair of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of any such paymentmeters at its sole cost.
Appears in 3 contracts
Sources: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)
Services and Utilities. As long as Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the hours between 8:00 a.m. and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default under any hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy of the provisions Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of this Leaseseventy-five dollars ($75.00) per hour of additional usage subject to change, based on Landlords costs to provide such services; window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall supply common area water for drinking, cleaning and restroom purposes only and elevator services Tenant, at Tenant’s sole cost and expense, shall supply all paper and other products used, within the Premises. Upon Tenant’s request, Landlord shall replace light bulbs and ballasts in the Premises, and Tenant shall pay Landlord for the cost of such light bulbs and ballasts plus Landlord’s reasonable administrative and labor costs associated with light bulb and ballast replacement. During normal business hours on generally recognized business days, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35 hereof. Tenant shall be entitled through the transmission facilities installed in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises and the public and common areas of the Building, in such reasonable quantity as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by sufficient to meet Tenant. Landlord shall furnish the Premises with electricity ’s ordinary business needs for lighting and the operation of low-power-usage office its ordinary business machines, heat and normal air conditioningincluding without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and elevator service computer and data processing equipment. Tenant shall pay to Landlord from and after the Commencement Date, as Additional Rent in accordance with Section 6.1., a sum to reimburse Landlord for all electricity used by Tenant to power the lights and electricity outlets located in the Premises (the Tenant Electric Amount). The Tenant Electric Amount shall be based on a separate meter survey conducted by a licensed independent electrical engineer selected by Landlord with respect to such parties reasonable estimate of Tenant’s usage. The Tenant Electric Amount shall be adjusted from time to time during ordinary business hoursthe Term if (i) there is an increase in electric energy rates, (ii) Tenant installs additional fixtures, appliances or equipment, with or without Landlord’s consent, or (iii) Tenant otherwise uses a disproportionate or increased amount of electric energy, as determined by a separate meter survey conducted by a licensed independent electrical engineer selected by Landlord. Periodically, Landlord shall conduct an energy usage survey by a qualified energy surveyor. The cost of any and all such surveys shall be paid by Landlord, unless requested by Tenant, in which event, Tenant shall pay for such cost within twenty (20) days after Landlord’s demand. Notwithstanding anything to the contrary contained herein, Landlord may, at its option, at any time during the Term, arrange to have electric usage directly metered or submetered to the Premises, in which event Tenant will pay the utility company (or Landlord in the event of submetering without any profit or ▇▇▇▇-up to Landlord) for such usage. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Project, and, in such event, Tenant shall pay for electric current supplied to, or used, in the Premises at the rate prevailing for Tenant’s class of use as established by such company or companies. Electric current shall be measured in a consistent, commercially reasonable manner and shall be billed by Landlord as Additional Rent and paid by Tenant on a monthly basis. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, at any time and from time to time during the Term, to contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall also provide light replacement service not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall Rent be abated by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Project, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if Tenant for any loss is granted the right to purchase electricity from a provider other than the company or damage companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by or Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure time separate metering of such services incident utilities furnished to the making Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of repairsany such meter and its installation, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control maintenance and repair shall be deemed an eviction of paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses machines or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment that generates excessive heat in the Premises that generates more than a minimum amount of heataffects the temperature otherwise maintained by the HVAC system, Tenant shall obtain Landlord reserves the written permission of Landlord, and Landlord may refuse right to grant such permission if the amount of heat generated would place an undue burden on the install supplementary air conditioning system of the Building. If Tenant uses any high-power-usage equipment units in the PremisesPremises and the cost thereof, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the installation, operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty (30) days of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentdemand therefor.
Appears in 3 contracts
Sources: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord’s charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (I) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, computers, servers and associated equipment using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinPremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the use of Premises or as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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.
Appears in 2 contracts
Sources: Commercial Lease (Investment Grade R.E. Income Fund, L.P.), Commercial Lease (Investment Grade R.E. Income Fund, L.P.)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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 2 contracts
Sources: Office Building Lease (Photon Dynamics Inc), Lease Agreement (Air Methods Corp)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder and except as otherwise provided herein, Landlord agrees to furnish to the Premises during hours determined by Landlord in its sole discretion and subject to (i) the Rules and Regulations of the provisions Building or Project, (ii) applicable governmental rules, regulations and guidelines, and (iii) the rules or actions of this Leasethe public utility furnishing the same, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's sole discretion for the comfortable use and occupancy of the Premises during reasonable business hours, Monday through Friday, excluding Holidays. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such Tenant shall pay Landlord's charges therefrom demand as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursadditional rent hereunder. Landlord shall also provide light replacement service maintain and keep lighted the common areas, common entries and restrooms in the Building; provided, however, that lighting for any or all of the foregoing areas may be operated under automatic sensor devices. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss Tenant's property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord as additional rent hereunder. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated Premises as general office space, as determined in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinLandlord's sole discretion. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the use of the Premises or as general office (as determined in Landlord' s sole discretion), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse in Landlord's sole and absolute discretion. Landlord may have installed a water or electric meter in the Premises to measure the amount of water or electricity consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Landlord shall furnish elevator service, janitorial service, lighting replacement for building standard lights, restroom supplies, and window washing in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 2 contracts
Sources: Office Suite Lease Agreement (High Desert Holding Corp.), Office Suite Lease Agreement (High Desert Holding Corp.)
Services and Utilities. As long as Tenant is not Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in default under any its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's reasonable judgement for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's actual costs therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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 2 contracts
Sources: Lease Agreement (Dovebid Inc), Lease Agreement (Dovebid Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder and subject to the rules and regulations of the provisions of this LeaseOffice Building, Landlord shall maintain furnish to the Premises heating and air conditioning required in Landlord' s reasonable judgment for the public comfortable use and occupation of Premises. janitorial services will be provided five days per week, Monday through Friday (except holidays). Electricity to the Premises for normal lighting and fractional horsepower office machines will be furnished twenty-four hours per day seven days per week. Landlord shall also maintain and keep lighted the common areas of the Building, such as lobbies, stairs, corridors common entries and restrooms, restrooms in reasonably good order and condition the building of which the Premises are pan except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for repaired by Landlord at Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service's expense. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to Tenant for furnish any loss or damage of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or resulting from other labor disturbances or labor disputes of any variation, interruptioncharacter, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall be liable in case of negligence under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing any Wherever heat generating machines or equipment are used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain which affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system of system, Landlord reserves the Building. If Tenant uses any high-power-usage equipment right, but shall have no obligations, to install supplementary air conditioning units in the PremisesPremises and the cost thereof, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover installation, and the cost of furnishing electricity for such purpose unless so stated herein. operation and maintenance thereof shall be paid by Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, Landlord upon request of demand by Landlord, written proof of such payment.
Appears in 1 contract
Services and Utilities. As long as Tenant is not 12.1 Landlord agrees to furnish to the Premises between the hours of 7:00 a.m. through 6:00 p.m., Monday through Friday, and 7:00 a.m. through noon Saturday, exclusive of holidays, electricity for normal lighting and fractional horsepower office machines, and heat and air conditioning required in default under any Landlord's judgment for the comfortable use and occupation of the provisions Premises. Tenant shall pay as additional rent the cost of this Leaseheat, air conditioning and utilities furnished during other than the normal hours established by Landlord, at a minimum hourly fee as determined by Landlord from time to time and in no event less than Thirty and No/100 Dollars ($30.00) per hour of such use. Tenant shall maintain the Premises and the public and common areas provide Landlord with Forty-Eight (48) hours advance written notice of the Building, need for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenantadditional use. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator provide janitorial service during ordinary business hoursas provided in this Lease. Landlord shall also provide light lamp replacement service for Landlord-furnished lighting, toilet room supplies, window and exterior glass washing at with reasonable intervalsfrequency. Landlord shall also maintain and keep lighted the common stairs, common entries and customary building janitorial servicetoilet rooms in the Building. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of Rent by reason of Landlord's failure to Tenant for furnish any loss or damage of the foregoing when such failure is caused by accident, breakage, repairs, strikes, utility outages, lockouts or resulting from other labor disturbances or labor disputes of any variationcharacter or by any other cause, interruptionsimilar or dissimilar, or failure to such services due to any cause whatsoever. No beyond the reasonable control of Landlord, and; no temporary interruption or failure of such services incident to the making of repairs, alterations, alterations or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control improvements shall be deemed as an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing Landlord shall not be liable under any circumstances for a loss 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 that generates more than a minimum 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.
12.2 Tenant shall not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines and punch card machines, which will in any way increase the amount of heatelectricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, 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 obtain first procure the written permission consent of Landlord, which Landlord may refuse, to the use thereof, and Landlord may refuse cause a water meter or electrical current meter to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment 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 shall in advance, on the first day of each month during the least term, agrees to pay Landlord as Additional Rent the reasonable amount estimated 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 of furnishing electricity for such water and electric current will be established by an estimate made by a utility company or consulting engineer.
12.3 Tenant acknowledges, understands and agrees that Landlord shall have no obligation or responsibility to provide guard service or other security measures for the operation benefit of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request Property other than the card-key access system which is part of Landlord's Work. Tenant assumes sole responsibility for the protection of Tenant, written proof its agents and invitees and the property of Tenant and of Tenant's agents and invitees from acts of third parties. Landlord may, at its sole option, however, provide security protection for the Premises or Property, in which event such paymentcosts and expenses shall be included within the definition of Operational Expenses.
Appears in 1 contract
Sources: Lease Agreement (Cobalt Group Inc)
Services and Utilities. As long Tenant shall promptly pay, as the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, water and sewer service available to the Premises as of the Delivery Date), and (b) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises, then Tenant shall pay its pro rata share of the cost of such utility service with all others served by the service not separately metered. However, (i) if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service (whether or not in default under any separately metered), then Landlord, at its election, may (1) periodically charge Tenant, as Additional Rent, a sum equal to Landlord’s reasonable estimate of the provisions cost of Tenant’s excess use of such utility service, and/or (2) install, at Tenant’s expense, a separate meter to measure the utility service supplied to the Premises, and (ii) if Landlord reasonably determines that Tenant is using a disproportionate share of the electrical capacity available for the Building or Project (i.e., electrical usage in excess of that which would typically be used for general office purposes), then, in addition to the foregoing, Landlord may install, at Tenant’s expense, additional equipment to increase the electrical capacity for the Building or Project to offset excess electrical usage by Tenant. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord shall maintain liable for damages to either person or property or for interruption or loss to Tenant’s business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if (A) an interruption of utilities prevents Tenant from occupying all or a material portion of the Premises for the Permitted Use for a period of at least ten (10) consecutive business days and the public and common areas of the Building, (B) such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned interruption was caused by the negligent act or omission of TenantLandlord, then monthly Rent shall thereafter be proportionately abated during the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure period of such services incident to interruption. Nothing in this Section 4 shall limit the making of repairsparties’ rights and obligations under Section 9 hereof, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than event of a minimum amount of heatcasualty affecting the Building or Premises. Tenant acknowledges and agrees that, Tenant shall obtain notwithstanding the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system later occurrence of the Building. If Tenant uses any high-power-usage equipment in Rent Commencement Date, Tenant’s obligations under this Section 4 shall commence as of the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentCommencement Date.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgement for the comfortable use and occupancy of this Leasethe premises. If Tenant desires HVAC at any other time, Landlord shall maintain use reasonable efforts to furnish such service upon request from Tenant and Tenant shall pay Landlord's charges therefor on demand. For pre-scheduled HVAC and electrical use in excess of fifty hours per weekly period for the Premises and Premises, Tenant shall pay as additional monthly rent an amount equivalent to the public and common areas excess hourly usage times Thirty Two United States Dollars ($32). For "on demand" supplemental HVAC use in excess of the Buildingbase 50 hours per week plus any pre-scheduled times, such Tenant shall pay as lobbies, stairs, corridors additional rent an amount equivalent to Two and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission 50/1▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇lars per hour of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal per HVAC air conditioning, and elevator service during ordinary business hourshandling unit. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and rest-rooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rent be abated by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services (b) failure to furnish or delay in furnishing any such services where such failure to delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervals, and customary building janitorial serviceBuilding or Project. Landlord shall not be liable under any circumstances for a 4 8 loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant for any loss or damage caused by or resulting from any variationuses heat generating machines, interruptionelectronic data processing equipment, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including without limitation, electronic data processing machines, photocopiers or machines using in excess of 220 volts, which consume more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by the Landlord. Tenant shall not consume water or electric current in advanceexcess of that usually furnished or supplied for the use of Premises as general office space (as determined by Landlord), on without first procuring the first day written consent of each month during Landlord, which Landlord may refuse, and in the least termevent of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand, as Additional Rent additional rent, for all such water and electric current consumed as shown by said meters, at the reasonable amount estimated 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord as 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 cost 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 furnishing electricity the utilities so consumed. Tenant shall be responsible for the operation maintenance and repair of any such equipmentmeter at its sole cost. The monthly Rent stated Provided that Tenant is not in Subsection 1.g hereof does not include any amount default hereunder, Landlord agrees to cover furnish janitorial and cleaning services to the cost of furnishing electricity for such purpose unless so stated hereinPremises at least five (5) days per week, except recognized federal, state and local holidays. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property Landlord, within five (5) business days after receipt of Landlord's bill, ▇▇e reasonable costs incurred by Landlord for extra cleaning in the Premises required because of (a) misuse or neglect on the part of Tenant, its employees or invitees, (b) use of portions of the Premises for special purposes requiring greater or more difficult cleaning work than office areas, (c) interior glass partitions or unusual quantities of glass surfaces, (d) non-building standard materials or finishes installed by Tenant, and (e) removal from the premises of refuse and rubbish of Tenant located on the Premises in excess of that ordinarily accumulated in general office occupancy or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentat times other than landlord's standard cleaning times. 11.
Appears in 1 contract
Sources: Lease Agreement (Sse Telecom Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except Tenant shall pay Landlord's charges there for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourson demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises which affect the temperature otherwise maintained by the 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 maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises which consumes more electricity than is usually furnished or supplied for the use of premises as aircraft hangar space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that generates more than usually furnished or supplied for the use of premises as aircraft hangar space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a minimum water meter or electrical current meter in the Premises to measure the amount of heatwater or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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 obtain pay promptly upon demand for all utilities consumed at utility rates charged by the written permission of Landlord, and local public utility plus any additional expense incurred by Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system in keeping account of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless utilities so stated hereinconsumed. Tenant shall pay prior be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish if any, as such services are customarily furnished to delinquency all personal property taxes payable with respect to all property of Tenant located on comparable aircraft hangar buildings in the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Sources: Lease Agreement (Air Methods Corp)
Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, (a) Landlord shall maintain furnish to the Premises during reasonable hours of generally recognized business days to be determined by Landlord in its sole discretion and subject to the public rules and common areas regulations of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for normal lighting and the operation of low-power-usage fractional horsepower office machines, heat and normal air conditioningconditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, subject to restrictions or guidelines for temperature limitations provided by lawful governmental authority, and elevator service during ordinary business hoursjanitorial service. Landlord shall also provide maintain and light replacement service for Landlord-furnished lightingthe common stairs, toilet room supplies, window washing at reasonable intervalscommon entries, and customary building janitorial servicetoilet rooms in the Building. Landlord shall not be liable for and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to Tenant for furnish any loss or damage of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockout or resulting from other labor disturbances or labor disputes of any variation, interruptioncharacter, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable for a loss of or injury to property, however occurring, through or in connection with or incidental to furnishing or its failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing any Wherever heat generating machines or equipment are used in the Premises that generates more than a minimum amount 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 heatinstallation, and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord as additional rent upon demand by Landlord.
(b) Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including but not limited to electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will increase the amount of electricity consumed by Tenant beyond that amount which is reasonably required for the use of the Premises as general office space. Tenant shall not connect with electric current, except through existing electrical outlets in advancethe Premises, on any apparatus or device, for the purpose of using electric current. If Tenant requires water, gas or electric current in excess of the amount which Landlord deems reasonable for the use of the Premises as general office space, Tenant shall first day procure the written consent of each month during Landlord (which Landlord may refuse) to the least termuse thereof and Landlord may cause a separate water, gas or electrical current meter to be installed in the Premises to measure the amount of water, gas and electric current consumed for any such use. The cost of installation, maintenance and repair of any such meters shall be paid by Tenant. Tenant agrees to pay to Landlord as Additional Rent the reasonable amount estimated by Landlord as additional rent promptly upon demand, the cost of furnishing electricity for all such water, gas and electric current consumed as shown by said meters, at the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity rates charged for such purpose unless services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so stated hereinconsumed. Tenant shall pay prior If a separate meter is not installed, such excess cost for such water, gas and electric current will be established and adjusted from time to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises time by an estimate made by a utility company or the Building and shall provide promptly, upon request of electrical engineer designated by Landlord, written proof of such payment.
Appears in 1 contract
Sources: Office Lease (Salix Holdings LTD)
Services and Utilities. As long as Tenant is not in default under any of (a) Landlord shall cause to be furnished to the provisions Premises during the term of this Lease, Landlord shall maintain the Premises water and the public sanitary sewer services required for general office use. The cost of furnishing such water and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage sanitary sewer services shall be paid for by Tenantan Operating Expense as defined in Paragraph 5(d) above. Landlord shall furnish the Premises with electricity for lighting Tenant acknowledges and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. agrees that Landlord shall not be liable to Tenant and Tenant hereby releases Landlord from any and all claims, liabilities, damages, losses, actions, costs and expenses as a result of or related to any interruption of water and/or sanitary sewer services for reasons beyond 25 the control of Landlord; provided, however, in no event shall Landlord be liable to Tenant for lost profits or loss of business. The actions of any water or sanitary sewer company or public utility or governmental agency providing water or sanitary sewer services shall not be imputed to Landlord. Landlord shall provide Tenant with a connection for Tenant's telecommunications wiring and cabling ("Interior Wire") to the point of connection with the local regulated public utility. Such connection shall be from the telecommunications line closet serving the Premises to the demarcation points supplied by the local regulated public utility. Tenant understands and acknowledges that the telecommunications capacity supplied to the Premises shall not exceed the capacity for which the Premises was designed. If Tenant requires any extraordinary telecommunication services that require any increase in the capacity of the Premises' telecommunications system and/or intrabuilding network cabling, then Tenant shall pay, as additional rent, the cost of any alterations, modifications or improvements required to be made to the Premises's telecommunications system and/or intrabuilding network cabling to provide such extraordinary service. All connection, disconnection, removal, repair and installation of telecommunications lines and cabling shall be performed by a qualified contractor approved by Landlord in advance. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental nor shall a constructive eviction be deemed to have occurred by reason of Landlord's failure to furnish any of the foregoing utilities and services when such failure is caused by accident, breakage, repairs, strikes, lockout or labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall be liable for any loss of or damage caused by or resulting from any variationinjury to property, interruptionhowever occurring, in connection with the furnishing or failure to such furnish any of the foregoing utilities and services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events for reasons beyond Landlord's reasonable control control. In no event shall Landlord be liable for, and Tenant hereby releases Landlord from any and all claims for loss, damage, cost or expense incurred by Tenant as a result of the interruption of any water, sanitary sewer or telecommunications services. If heat generating machines or equipment used in the Premises affect the temperature otherwise maintained by the air conditioning units in the Premises and/or the cost of providing air conditioning services to the Premises, including the cost of installation, the costs resulting therefrom shall be deemed paid by Tenant to Landlord upon demand by Landlord.
(b) Tenant shall not pay during the Lease Term, and prior to delinquency, all charges for janitorial service, electricity, light, power, telephone and other communication service supplied to or consumed on the Premises (collectively "Utilities") and all taxes, levies and surcharges therefor. Tenant shall arrange for janitorial services and electricity to be supplied to the Premises and Tenant shall contract in its own name for the aforementioned Utilities. The Commencement Date shall not be delayed by reason of any failure by Tenant to contract for such Utilities in its own name. Landlord agrees that prior to the Commencement Date, Landlord shall, at its sole cost, cause electricity to be separately metered on the first and second floors of the Premises. 26
(c) Tenant shall not, without the written consent of Landlord, use any apparatus, machine, system or device in the Premises which will overburden or exceed the capacity of the electrical system in the Premises. Tenant shall not connect with electric current, except through approved electrical outlets in the Premises or such additional electrical outlets as may be installed by a licensed electrical contractor in conformance with applicable building codes. If Tenant requires water 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 withhold in its sole and absolute discretion), and Landlord may cause a separate water meter to be installed in the Premises to measure the amount of water consumed for any such use. The cost of installation, maintenance and repair of any such meter shall be paid by Tenant. Tenant agrees to pay to Landlord promptly upon demand for all such excess water consumed as shown by said meter, at the rate charged for such service by the local public utility furnishing the same, plus any additional expenses incurred in keeping account of the water so consumed. If a separate meter is not so installed, such excess cost for such water shall be established and adjusted from time to time by an eviction estimate made by a utility company or electrical engineer.
(d) Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of Tenant federal, state or relieve Tenant from local government agencies or utility suppliers for reducing energy or other resource consumption. The lack or shortage of any of service or utility shall not affect Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, and Tenant shall obtain the written permission of Landlord, faithfully keep and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system observe all of the Building. If Tenant uses any high-power-usage equipment in the Premisesterms, Tenant shall in advanceconditions and covenants of this Lease and pay all rentals due hereunder without abatement, on the first day of each month during the least termsetoff, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises diminution, credit or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentdeduction.
Appears in 1 contract
Sources: Office Lease (Odwalla Inc)
Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under any of this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s commercially reasonable judgment (and otherwise consistent with other comparable buildings in the downtown office rental area of Seattle, Washington) for the intended use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall maintain pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by ▇▇▇▇▇▇ and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside Building Business Hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge greater than Landlord’s actual out-of-pocket cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages; provided, however, that Tenant shall not pay for the first forty (40) hours of after-hours HVAC service used by Tenant in each year of the Term (as such Term may be extended hereunder).
13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the public cost thereof, including the cost of installation and common areas the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) business days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the BuildingPremises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such as lobbies, stairs, corridors excess water and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission electric current. The cost of Tenant, the repair of which damage any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord shall furnish within ten (10) business days of Landlord’s demand , the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by ▇▇▇▇▇▇▇▇) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with electricity for lighting any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the operation provisions of low-power-usage office machines, heat Articles 6 and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat26, Tenant shall obtain be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written permission consent of Landlord, which consent may be withheld in Landlord’s sole and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildingabsolute discretion. If Tenant uses any high-power-usage equipment in the Premises, Tenant ▇▇▇▇▇▇▇▇’s shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated no event be liable for disruption in any service obtained by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount Tenant pursuant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis paragraph.
Appears in 1 contract
Sources: Lease Agreement
Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during all hours and the public and common areas of the Buildingon all days, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for normal lighting and the operation of low-power-usage fractional horsepower office machines, heat and normal air conditioning, water and elevator sanitary sewer service during ordinary business hoursrequired for the comfortable use and occupation of the Premises. Landlord shall also provide light replacement service for Landlord-furnished lightingmaintain and keep lighted the common stairs, common entries and toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicerooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to Tenant any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for any a loss or damage caused by injury to property, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to such services due furnish any of the foregoing, except as to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of negligence or tortious acts; provided, however, that if the Tenant or relieve Tenant from any cannot reasonably use the Premises for the operation of Tenant's obligations hereunderauthorized business all Rent shall ▇▇▇▇▇ until the Premises is reasonably suitable for the operation of Tenant's authorized business. Before installing any Wherever heat generating machines or equipment are used in the Premises that generates more than a minimum amount which extraordinarily affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the reasonable cost thereof, including the cost of heatinstallation, and the cost of operation and maintenance thereof shall be paid by Tenant shall obtain the to Landlord upon demand by Landlord. Tenant will not, without written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 220 volts, which will in any extraordinary 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 electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current extraordinarily in advanceexcess of that usually furnished or supplied for the use of the Premises as general office space, on Tenant shall first procure the first day written consent of each month during Landlord, which Landlord shall not unreasonably refuse, to the least termuse 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 reasonable 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 as Additional Rent the reasonable amount estimated promptly within 20 days after demand therefor by Landlord for the extraordinary portion of 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 and it is agreed that the cost of furnishing electricity for the operation of hiring such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for person and obtaining such purpose unless so stated herein. Tenant estimate shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building be shared equally by Landlord and shall provide promptly, upon request of Landlord, written proof of such paymentTenant.
Appears in 1 contract
Sources: Lease (New Frontier Media Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for Landlord-furnished lightingany damages directly or indirectly resulting from, toilet room suppliesnor shall the Rent be abated by reason of (i) the installation, window washing at use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable intervalscontrol of Landlord or by the making of necessary repairs or improvements to the Premises, and customary building janitorial serviceBuilding 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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, Including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlet in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current in the Premises to measure the amount of water or electric current consumed. 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 paymentmeters at its sole cost. Landlord shall furnish 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
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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 lighting replacement for building standard lights, restroom supplies, window washing in a manner that such services are customarily furnished to comparable office buildings in the area. Tenant is responsible for 100% of the electrical charge of their premises. If there is not separate metering than tenant will be billed monthly for their prorated share.
Appears in 1 contract
Sources: Office Building Lease
Services and Utilities. As long as A. Provided Tenant is shall not be in default under any hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be reasonably determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgment, 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. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal 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 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, upon demand, a reasonable charge for such services as reasonably determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid by Tenant to Landlord upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, and the Permitted Use, in each case as of the date Tenant takes possession of the Premises and as determined by TenantLandlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord upon demand as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall furnish may add to the Premises with electricity for lighting and separate or metered charge a recovery of additional expense incurred in keeping account of the operation excess water, electric current or other resource so consumed. Following receipt of low-power-usage office machinesTenant's request to do so, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement use good faith efforts to restore any service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, specifically to be provided under Paragraph 15 that becomes unavailable and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond which is in Landlord's reasonable control to restore; provided, however, that Landlord shall in no case be deemed an eviction 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 Tenant or relieve Tenant from any use of Tenant's obligations hereunder. Before installing any equipment used in connection with the furnishing of any such utilities or services, or any change in the Premises that generates more than a minimum amount character or means of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant supplying or providing any such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses utilities or services or any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.supplier thereof;
Appears in 1 contract
Sources: Annual Report
Services and Utilities. As long as Provided the Tenant is not in default hereunder, ▇▇▇▇▇▇▇▇ 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 and heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet/shower rooms in the Building of which the Premises are a part. 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 provisions of this Leaseforgoing. Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord shall maintain reserves the right to install supplementary air conditioning units in the Premises and the public and common areas costs thereof, including the cost of the Buildinginstallation, and the cost of the 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 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 outlets in the Premises, any apparatus or device, for the purpose of using electrical current. If Tenant shall require 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 an electrical current meter to be installed in the Premises, so as to measure the amount of electric current consumed for any such as lobbiesuse. The cost of any such meters and of installation, stairs, corridors maintenance and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage thereof shall be paid for by Tenant. the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord shall furnish promptly upon demand therefor by Landlord for all such electric current consumed as shown by said meters at the Premises with electricity rates charged for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to by the local public utility furnishing the same, plus any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment additional expense insured in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system keeping account of the Buildingelectric current so consumed. If Tenant uses any high-power-usage equipment in the Premisesa separate meter is not installed, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the such excess cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises electric current will be established by an estimate made by a utility company or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentelectrical engineer.
Appears in 1 contract
Sources: Office Space Lease Agreement (Mobile Pet Systems Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the 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
Sources: Commercial Office Building Lease
Services and Utilities. As long as 13.1. Provided Tenant is shall not be in default under any of the provisions of this Lease, and subject to the other provisions of the Lease, Landlord shall maintain agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the public following services and common areas utilities subject to the rules and regulations of the Building, such as lobbies, stairs, corridors Building prescribed from time to time; (a) water suitable for normal office use of the Premises; (h) heat and restrooms, air conditioning required in reasonably good order Landlord’s judgment for the use and condition except for damage occasioned by the act or omission occupation of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room suppliesconvenience outlets and other normal office- use. In the absence of Landlord’s gross negligence or willful misconduct, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason or Landlord’s failure to Tenant furnish any of the foregoing, unless such failure shall persist for any loss or damage an unreasonable time after written notice of such failure is given to Landlord by tenant and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall be deemed an eviction of Tenant or relieve Tenant from use reasonable efforts to remedy any of Tenant's obligations hereunder. Before installing any equipment interruption in the Premises that generates more furnishing of services and utilities.
13.2. Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a minimum amount reasonable allowance for depreciation of heatany systems being used to provide such service. The current charge for after-hours HVAC service, Tenant shall obtain the written permission of Landlordwhich is subject to change al any time, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden is specified on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentReference Pages.
Appears in 1 contract
Services and Utilities. As long as Tenant is not solely responsible for contracting for utility services from utility suppliers such as gas, electricity, and telephone services in default under any connection with Tenant’s use and occupancy of the provisions Premises. Except as hereafter provided, Tenant is also solely responsible for paying directly to the applicable service or utility companies, prior to delinquency, all charges of this Leaseevery nature, Landlord shall maintain kind or description for services and utilities furnished to the Premises as contracted for by Tenant or chargeable against the Premises (including, without limitation, charges imposed by any utility or service company as a condition precedent to furnishing or continuing to furnish utilities or services to the Premises) including all charges for heat, gas, light, garbage, trash and rubbish removal, electricity, telecommunications, cable, steam, power, or other public or private utilities and services and any charges or fees for present or future water or sewer capacity to serve the public Premises (excluding SAC and common areas WAC for a 30% office fit-up of the BuildingPremises but including SAC and WAC, such not to exceed $10,500.00 as lobbiesto the initial Tenant’s Improvements, stairsfor fit-up in excess of 30% for the Premises), corridors any charges for the underground installation of gas or other utilities or services, and restrooms, other charges relating to the extension of or change in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish facilities necessary to provide the Premises with electricity above standard utilities and services. Water and sanitary sewer service shall be provided by Landlord and commercially reasonable charges for lighting same shall be “Operating Expenses.” If Tenant uses a disproportionate amount of water/sewer, Landlord may make an equitable allocation of charges for same and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursTenant will pay its equitable amount as reasonably determined by Landlord. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruptionNo interruption in, or failure to such services due to temporary stoppage of, any cause whatsoever. No temporary interruption utility or failure of such services incident service to the making of repairs, alterations, or improvements, or due Premises is to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction or disturbance of Tenant Tenant’s use and possession of the Premises, nor does any interruption or stoppage relieve Tenant from any obligations under this Lease, render Landlord liable for damages or entitle Tenant to any Rent abatement except as set forth below. Anything in this Lease to the contrary notwithstanding, in the event Landlord is unable to provide any of the utility services required to be maintained by Landlord pursuant to this Lease, and in the event such inability renders the whole or a portion of the Premises untenantable, inaccessible or unsuitable for the purposes intended hereunder for a period of two (2) consecutive days after receipt by Landlord of notice of untenantability, inaccessibility or unsuitability from Tenant's obligations hereunder, rent for the portion of the Premises rendered untenantable, inaccessible or unsuitable for the purposes intended hereunder shall ▇▇▇▇▇ pro rata from and after such second consecutive day until the services are restored to such a condition that the portion of the Premises affected is again rendered tenantable, accessible and suitable. Before installing any equipment Anything herein to the contrary notwithstanding, there shall be no such abatement of rent if the Landlord’s inability to provide such services is caused by misuse or neglect of Tenant or by inability of energy suppliers which is generally applicable in the vicinity of the Premises. All electricity and gas used in the Premises that generates more than and for heat, light and power for the Premises shall be separately metered and paid for directly by Tenant upon receipt of invoice. Cost of the acquisition and installation of separate meters is to be a minimum amount part of heatthe Tenant’s Improvements. In addition, and in addition to costs of Tenant’s Improvements, Tenant shall obtain be responsible for additional SAC or WAC charges, not to exceed $10,500.00 as to the written permission initial Tenant’s Improvements, payable in connection with Tenant’s fit-up over and above amounts heretofore paid by Landlord for 30% office fit-up for the Premises. Further, the cost of Landlord, all electricity and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system gas used in all rentable areas of the BuildingBuilding shall not be included in “Operating Expenses”; provided, however, the cost of all other electricity and gas, including, but not limited to, electricity for common building systems, common building equipment and lighting for common areas, shall be included in “Operating Expenses.” ▇▇▇▇▇▇ agrees to refrain from overloading the electrical system designed for the Premises. If All electric lighting bulbs and tubes and all ballasts and starters within the Premises shall be replaced by Tenant uses any high-power-usage equipment at the expense of Tenant. Notwithstanding the foregoing, in the event that a utility to be separately metered is actually metered over an area other than only the Premises, Tenant Landlord shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. make an appropriate equitable adjustment and Tenant shall pay prior its share as so equitably and reasonably determined by Landlord. Should any such allocation be or become unfair or unreasonable to delinquency all personal property taxes payable with respect to all property Landlord or Tenant by reason of Tenant located on part of the Premises Building which is served by said utility meter being or becoming vacant or by reason of disproportionate use by the applicable tenants or the fact that part of the Building which is served by such meter is being utilized at other than normal business hours or otherwise, Landlord shall reasonably apportion such utility charges to Tenant and to other areas of the Building served through such meter, which apportionment shall provide promptly, upon request of Landlord, written proof of such paymentthen become the basis for charges to be paid by Tenant.
Appears in 1 contract
Sources: Industrial/Warehouse Lease Agreement (Insignia Systems Inc/Mn)
Services and Utilities. As So long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain provide the following facilities and services to Tenant the costs of which shall be included as Operating Expenses:
A. Central heating and air conditioning during the seasons of the year when these services are normally and usually furnished, and within the temperature ranges and in such amounts normally or usually furnished in comparable office buildings in North Sioux City, South Dakota with Tenant to pay its proportionate share of the cost of utilities incurred to provide such heating and air conditioning within thirty (30) days of Landlord’s invoice therefor.
B. Cleaning of the lobby in Landlord’s standard manner and provision of water services to lavatories as normally or usually furnished in comparable office buildings in North Sioux City, South Dakota.
C. Electrical facilities to furnish sufficient electrical power to Tenant’s equipment installed in accordance with Section 13 hereof; provided, however, Tenant shall be responsible to pay any and all costs associated with the use and consumption of any such electrical utility services as Operating Expenses.
D. Access to the Premises and on a full-time twenty-four (24) hour basis, subject to such regulations as Landlord may impose for security reasons. Landlord shall have no obligation whatsoever to provide guard service or other security measures for the public and common areas benefit of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except Premises or the Project. Tenant assumes all responsibility for damage occasioned by the act or omission protection of Tenant, its employees, agents, invitees and property from acts of third parties. Nothing herein contained shall prevent Landlord, at its sole option, from providing security protection for the repair of Project or any part thereof, in which damage event the non-capital cost thereof shall be paid for included within the definition of Operating Expenses. Tenant hereby acknowledges that existing security improvements are satisfactory. Any failure by Tenant. Landlord shall to furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator foregoing service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variationUnavoidable Delays, interruptionas hereinafter defined, or failure to such from temporary interruption of the foregoing services due to repairs or maintenance, shall not render Landlord liable in any cause whatsoever. No temporary interruption respect for damages to either person or failure of such services incident to the making of repairsproperty, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall nor be deemed construed as an eviction of Tenant Tenant, nor cause an abatement of rent, or relieve Tenant from Tenant’s obligations under this Lease; provided Landlord uses commercially reasonable efforts to restore such services. For purposes of this Section 16 and of Section 32, the term “Unavoidable Delays” shall mean any delays due to strikes; labor disputes; shortages of Tenant's obligations hereunder. Before installing any equipment in material, labor or energy; acts of God; governmental restrictions; enemy action; civil commotion; fire; unavoidable casualty or other causes beyond the Premises that generates more than a minimum amount control of heat, Tenant shall obtain Landlord and which do not arise from the written permission gross negligence or willful misconduct of Landlord, its officers, agents, employees and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildinglicensees. If any public utility or governmental body shall require Landlord or Tenant uses to restrict the consumption of any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity utility or reduce any service for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building, Landlord and Tenant shall comply with such requirements whether or not the utilities and services referred to in this Section are thereby reduced or otherwise affected, without reduction or adjustment of Rent hereunder. Landlord and its agents shall be permitted reasonable access to the Premises, and the right to install facilities within or through the Premises, in order to install and service the systems deemed necessary by the Landlord to provide to other tenants of the Building the services and shall provide promptly, upon request of Landlord, written proof of such paymentutilities referred to in this Section.
Appears in 1 contract
Sources: Lease (MPC Corp)
Services and Utilities. As long Tenant shall provide and pay for the following services and utilities:
(A) Electricity for standard office lighting fixtures, and equipment and accessories, of such type and in such quantities as Tenant is not are customary in default under any Landlord’s reasonable opinion for normal general office use, where the connected electrical load of all of the provisions same does not exceed such amount as maybe made available by Landlord, based on the judgment of this Lease, Landlord shall maintain Landlord’s engineers as to the safe and lawful capacity of the existing electrical circuit(s) and facilities serving the Premises.
(B) Heat and air-conditioning for occupancy of the Premises and the public and common areas of the Buildingunder normal business operations by a normal general office tenant, such during Normal Business Hours (as lobbies, stairs, corridors and restrooms, defined in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceArticle 25). Landlord shall not be liable responsible for inadequate air-conditioning or ventilation to the extent the same occurs because Tenant uses any item of equipment consuming more than 500 w▇▇▇▇ at rated capacity without providing adequate air-conditioning and ventilation therefor.
(C) Water for drinking, lavatory and toilet purposes.
(D) Operatorless passenger elevator service (if the Property has such equipment serving the Premises), and subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors.
(E) Janitorial services in and about the Premises. Such janitorial services shall be at a standard at least equal to that of the janitorial services provided by reasonable landlords of office buildings comparable to the Building and shall include, without limitation, customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday. Tenant shall select and contract with a third party supplier of such janitorial services, which selection shall be subject to Landlord’s written approval, which approval Landlord shall not unreasonably withhold. Tenant shall indemnify Landlord for all damages, costs, losses, liability, legal fees and costs (including, without limitation, attorneys’ fees) and any loss or damage caused by or other amounts resulting from any variationproperty damage, interruptionpersonal injury or death directly or indirectly arising from or related to (i) any act or omission by of such janitorial services or its employees, agents or failure contractors or (ii) the selection and engagement of such janitorial services by or on behalf of Tenant. If Tenant fails to cause the performance of the janitorial services required by this paragraph, Landlord, without limiting its rights or remedies under this Lease or under applicable law, shall have the right, but not the obligation, to undertake such janitorial services due to any cause whatsoever. No temporary interruption or failure as it deems appropriate, and Tenant shall pay as Additional Rent hereunder the cost of such services incident undertaken by Landlord, along with Landlord’s related reasonable administrative and other charges, at the same time as the installment of Base Rent next coming due or, if earlier, within twenty (20) days after demand.
(F) Trash removal services. If for any reason any of the above utilities and services cannot be, or are not, provided directly to Tenant, then Landlord shall provide such services to Tenant, and Tenant shall pay as Additional Rent hereunder the cost of such services undertaken by Landlord, along with Landlord’s related reasonable administrative and other charges, at the same time as the installment of Base Rent next coming due or, if earlier, within twenty (20) days after demand. Landlord may install and operate meters and/or any other reasonable systems for monitoring or estimating or for supplying any services or utilities used by Tenant in excess of those deemed customary by Landlord (including a system for Landlord’s engineer to reasonably estimate any such excess usage). If any of such systems indicate in Landlord’s reasonable opinion that Tenant has used such excess services or utilities, then Landlord may require Tenant to pay Landlord’s reasonable charges for installing and operating any of such systems and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications or increased wear and tear to the making existing Systems and Equipment) and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or improvementssupplies, governmental requirements or requests, or due to accident or strike or conditions or events other causes beyond Landlord's ’s reasonable control control. None of the same shall be deemed an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof, or (subject to the provisions of paragraph 9 (B)) render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from any performance of Tenant's ’s obligations hereunderunder this Lease. Before installing any equipment Landlord in the Premises that generates more than a minimum amount no event shall be liable for damages by reason of heatloss of profits, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises business interruption or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentother consequential damages.
Appears in 1 contract
Sources: Office Lease (NGTV)
Services and Utilities. As long (a) Landlord shall provide all utility services for the Building up to the point of distribution to the Premises.
(b) Tenant shall obtain all utility services for the Premises, including, without limitation, electricity, water, gas, telephone and other utilities and communications services, pest control, security monitoring, janitorial and garbage collection in its own name effective as of the Commencement Date and shall pay all costs for the use of such services directly to the applicable utility, including any fine, penalty, interest or cost which may be added hereto for non-payment thereof. Notwithstanding the foregoing, if during the Term any utilities are separately metered in the Premises, Tenant shall reimburse Landlord on a monthly basis for such utilities promptly after receipt by Tenant of an invoice therefor from Landlord, which reimbursement shall constitute Additional Rent hereunder. In the event any utility serving the Premises during the Term is not in default under any separately submetered. Tenant shall reimburse Landlord on a monthly basis as Additional Rent for Tenant's proportionate share of the provisions cost of this Leasesuch utility service, which proportionate share shall be calculated as a fraction, the numerator of which shall be the number of rentable square feet leased in the Building by Tenant, at the time of such calculation and the denominator of which shall equal the total number of rent1ble square feet in the Building leased to tenants (including Tenant) which share utility meters at the time of such calculation. In the event Landlord leases space to other tenants which share Tenant's electricity meter, which other tenants have dissimilar uses to Tenant's Permitted Use, Landlord shall maintain adjust Tenant's proportionate share accordingly to reflect actual usage to the extent possible in Landlord's reasonable judgment. (c) In the event of any failure or interruption in any service or utility whether caused by breakage, accident, strikes, repairs, failure of fuel supply, or for any other cause or causes, Tenant shall not be entitled to ▇▇▇▇▇ Fixed Rent payable hereunder except if, and only if, (i) any such failure or interruption in service was caused solely by the negligence or willful misconduct of Landlord, (ii) such failure continues for seven (7) business days after Landlord's receipt of written notice thereof from Tenant, and (iii) such failure materially interferes with Tenant's occupancy. Any abatement available to Tenant pursuant to this Paragraph shall be limited to the portion of the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restroomsaffected. However, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage no event shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss indirect or damage caused by or resulting from any variationconsequential damages. Notwithstanding the foregoing, interruption, or failure Landlord shall use reasonable efforts to such services due to any cause whatsoeverrestore interrupted service. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment14.
Appears in 1 contract
Sources: Lease Agreement (Ace Hardware Corp)
Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under this Lease beyond any of applicable notice and cure period, and subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays, the public following services and common areas utilities subject to the reasonable rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s reasonable judgment for the use and occupation of the Premises during Building Business Hours (specified on the Reference Pages) but excluding national and local legal holidays; (c) cleaning and janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use; provided, however, at all times (other than shut downs for repairs), Landlord shall provide elevator service and water in the Building. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises. Except as otherwise provided in this Lease, electricity costs incurred by Landlord may be included in Expenses. The charge shall be at the rates charged for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned services by the act local public utility. In the absence of Landlord’s gross negligence or omission of Tenantwillful misconduct, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant for any loss or damage and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall be deemed an eviction of Tenant or relieve Tenant from use reasonable efforts to remedy any of Tenant's obligations hereunder. Before installing any equipment interruption in the Premises that generates more than a minimum amount furnishing of heat, Tenant shall obtain the written permission of Landlord, services and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentutilities.
Appears in 1 contract
Sources: Lease (Tripwire Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except Tenant shall pay Landlord's charges there for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourson demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and rest rooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the, installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing. any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, In connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatInstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant agrees to pay to Landlord promptly upon demand for all utilities consumed as shown by said meters, at the rates charged for such services by the utilities plus any additional expense incurred in keeping account of the utilities so consumed. Nothing contained in this Article shall restrict Landlord's right to require at any time additional separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall obtain pay promptly upon demand for all utilities consumed at utility rates charged by the written permission of Landlord, and utility providers plus any additional expense incurred by Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system in keeping account of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless utilities so stated hereinconsumed. Tenant shall pay prior be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish such services, if any, as are customarily furnished to delinquency all personal property taxes payable with respect to all property of Tenant located on comparable facilities in the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Sources: Lease Agreement (Air Methods Corp)
Services and Utilities. As long 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 Tenant is not in default 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 provisions supply of this Leaseother utilities.
B. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, if any, as being sufficient in their present condition, "as is," for the Permitted Use, and for Tenant's intended operations in the Premises. Landlord shall have no obligation to provide 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 cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat generating machines excess lighting or equipment are used in the Premises which effect the temperature otherwise maintained by the air conditioning system, Landlord shall maintain reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid by Tenant to landlord upon demand by Landlord.
C. Tenant shall not without written consent of Landlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as reasonably determined by TenantLandlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises, if any, as reasonably determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse (which consent shall not be unreasonably withheld, delayed or conditioned), to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall furnish may add to the Premises with electricity for lighting and separate or metered charge a recovery of additional expense incurred in keeping account of the operation of low-power-usage office machinesexcess water, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceelectric current or other resource so consumed. Landlord shall not be liable to Tenant for any loss damages directly or damage indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or resulting from the elements, labor disturbances of any variation, interruptioncharacter, or failure to such services 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 cause whatsoever. No temporary interruption other form of energy or failure 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 incident to the making of repairsPremises or the Building, alterations, whether by Regulation or improvements, otherwise; nor shall any such occurrence constitute an actual or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant including without limitation by providing additional or after hours heating or air conditioning. Landlord shall be untitled to cooperate voluntarily and in advancea reasonable manner with the efforts of national, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipmentstate or local governmental agencies or utility supplies in reducing energy or other resource consumption. The monthly Rent stated in Subsection 1.g hereof does 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 include be obligated to, upon notice to Tenant, contract with or otherwise obtain any amount electrical or other such service for or with respect to cover the cost Premises or Tenant's operations therein from any supplier or provider of furnishing electricity for any such purpose unless so stated hereinservice. Tenant shall pay prior cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to delinquency all personal property taxes payable with respect time to all property facilitate the delivery of such services to Tenant located on at the Premises or and to the Building and shall provide promptlyProject, upon request 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 Landlordinstalling maintaining, written proof 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 such paymentthose 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.
Appears in 1 contract
Sources: Sub Sublease (Divx Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through, existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water heater or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any, such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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
Sources: Lease Agreement (Dovebid Inc)
Services and Utilities. As 13.1 Landlord will furnish to the Premises during the normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the Viable Building Standards: electricity; elevator service; an access-control system for the Building; maintenance of the grounds surrounding the Building, including snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water supply, and furnishing of lavatory supplies; and exterior window-cleaning service. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 4:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system sole tenant of the Building. If Tenant uses requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same. During any highperiod in which the Building is multi-power-usage equipment in the Premisestenanted, Tenant shall give Landlord reasonable advance notice of any required after-hours HVAC service and Tenant shall pay for Tenant requested HVAC service in advanceexcess of sixty-eight (68) hours per week in accordance with Landlord's direct costs for providing such extra service, which shall compensate Landlord for Landlord's actual costs of furnishing such extra service, without markup. Notwithstanding anything contained herein to the contrary, if Tenant's hours of operation exceed four thousand one hundred sixty (4,160) hours in any Lease Year, Tenant shall pay to Landlord, as additional rent hereunder, an amount that would compensate Landlord for the excess wear on those building systems, the useful lives of which are shortened by such excess hours of operation (collectively, the "BUILDING SYSTEMS"), as follows. First, the hourly cost of the Building Systems (the "HOURLY BUILDING SYSTEMS COST") shall be determined by taking the total original cost of the Building Systems and dividing that figure by the product of (i) 4,160, multiplied by (ii) the weighted average of the number of years of useful life of the Building Systems, based upon the expected useful life thereof as stated by the manufacturers thereof or, in the absence of such a determination, based on the expected useful life publicized in the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Handbook - HVAC Applications, or similar industry guidelines. The Hourly Building Systems Cost shall be subject to adjustment on the first day of each the second Lease Year and annually thereafter based on annual increases in the Consumer Price Index (as defined in the Phased Development Agreement), as follows. Such adjustment shall be made by subtracting the Consumer Price Index for the month during in which the least termLease Commencement Date falls (the "BEGINNING INDEX") from the Consumer Price Index for the first month of the Lease Year for which the adjustment is being made (the "ADJUSTMENT INDEX") and dividing that figure by the Beginning Index. The amount so determined shall be multiplied by the initial unescalated Hourly Building Systems Cost to arrive at the adjusted Hourly Building Systems Cost for the Lease Year for which the adjustment is being made. The additional rent payable on account of excess wear on the Building Systems for any Lease Year (the "EXCESS OPERATING HOURS RENT") shall be equal to the product of (x) the Hourly Building Systems Cost (as escalated), pay Landlord as Additional Rent multiplied by (y) the reasonable amount estimated by Landlord as number of Tenant's hours of operation in that Lease Year in excess of 4,160. For example, if the original cost of furnishing electricity for the Building Systems were $2,000,000 and the average useful life thereof were ten (10) years, then the Hourly Building Systems Cost would be $48.07 ($2,000,000 / 41,600). If Tenant's hours of operation of such equipmentin the first Lease Year were 4,420, then the excess hours over 4,160 would be 260 hours. The monthly Multiplying 260 by the Hourly Building Systems Cost ($48.07) would result in Excess Operating Hours Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to the first Lease Year equal to $12,498.20. In the same example, if the percentage increase in the Consumer Price Index between the Lease Commencement Date and the first day of the second Lease Year were three percent (3%), then the Hourly Building Systems Cost for the second Lease Year would be $49.51. If Tenant's hours of operation in the second Lease Year were 4,680, then the excess number of hours (520), multiplied by the escalated Hourly Building Systems Cost ($49.51), would result in Excess Operating Hours Rent payable with respect to the second Lease Year equal to $25,745.20. Landlord shall make a determination as to whether Excess Operating Hours Rent is payable in accordance herewith following the conclusion of each Lease Year and shall provide notice thereof to Tenant. The amount due from Tenant pursuant to each such notice from Landlord shall be payable within fifty (50) days following demand therefor; provided that, if Tenant disputes Landlord's determination, then the matter shall be submitted to binding arbitration in accordance with Article XXVIII below. Landlord agrees to provide an access control system for the Building that will afford Tenant access to the Premises twenty-four (24) hours per day every day of the year. At least one (1) elevator serving the Premises shall be in service at all property times. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities during hours in excess of 68 hours per week unless Tenant agrees to compensate Landlord for the costs of such services and utilities.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant located on from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the Building "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), then all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant's failure to timely pay for any electricity that is billed directly to Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a Suspension Event and shall provide promptlynot entitle Tenant to any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
13.3 Tenant shall employ its own contractor or personnel to furnish char and janitorial service to the Premises, and shall pay for such services directly to the contractor employed by Tenant for such purpose. Tenant's janitorial contractor, and the cleaning specifications incorporated into Tenant's contract with its janitorial contractor, shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Such services shall be provided in accordance with cleaning standards customarily maintained in first-class suburban office buildings in the North Bethesda/Rockville/Gaithersburg corridor. In the event Landlord reasonably determines that the Premises are not being kept clean in accordance with such standards, Tenant agrees to take all measures reasonably required by Landlord for the proper cleanliness of the Premises in accordance with such standards upon request of notice from Landlord. If Tenant fails to institute such measures promptly after notice from Landlord, written proof Landlord shall have the right, at its option, to provide cleaning and janitorial services for the Premises in accordance with such standards and to charge Tenant all reasonable costs and expenses incurred in connection therewith, together with a fee equal to fifteen percent (15%) of such paymentcosts and expenses so incurred, as additional rent hereunder. Except in situations posing an emergency or a health hazard or danger to persons or property, Landlord shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for a period of fifteen (15) days after Landlord has given notice to Tenant of such violation or failure; provided that if such violation or failure is not susceptible of being cured within such fifteen (15) day period, Landlord shall not undertake any action if Tenant commences curative action within such fifteen (15) day period and proceeds diligently thereafter to cure such violation or failure until completion. If Tenant so requests at any time during the Lease Term, Landlord will arrange for janitorial service to be furnished to the Premises by Landlord's janitorial contractor; provided that, in such instance, the two percent (2%) limit on the management fee specified in Section 4.2(a)(ix) hereof shall be increased to two and one-fourth percent (2.25%). -38- 39
13.4 In the event Tenant determines that the services being furnished by any contractor (excluding the property manager) employed by Landlord are unsatisfactory, in Tenant's reasonable judgment, Tenant shall deliver written notice to Landlord specifying in detail the manner in which the services are deemed deficient. If the deficiencies are not, in Tenant's reasonable judgment, substantially corrected during the next succeeding thirty (30) days, then Tenant may deliver a further notice to Landlord advising Landlord of such fact, and, provided Landlord will not incur any liability to the contractor as a result thereof, Landlord shall terminate the contract of such deficient contractor and select a qualified replacement contractor. Landlord shall not be deemed to incur any such liability if Tenant agrees to assume responsibility for any such liability. Landlord shall include a thirty-day termination for convenience clause in any service contracts in which such a clause is customary.
Appears in 1 contract
Services and Utilities. As So long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain provide the following facilities and services to Tenant the costs of which shall be included as Operating Expenses:
A. Central heating and air conditioning during the seasons of the year when these services are normally and usually furnished, and within the temperature ranges and in such amounts normally or usually furnished in comparable office buildings in North Sioux City, South Dakota with Tenant to pay its proportionate share of the cost of utilities incurred to provide such heating and air conditioning within thirty (30) days of Landlord’s invoice therefor.
B. Cleaning of the lobby in Landlord's standard manner and provision of water services to lavatories as normally or usually furnished in comparable office buildings in North Sioux City, South Dakota.
C. Electrical facilities to furnish sufficient electrical power to Tenant's equipment installed in accordance with Section 13 hereof; provided, however, Tenant shall be responsible to pay any and all costs associated with the use and consumption of any such electrical utility services as Operating Expenses.
D. Access to the Premises and on a full-time twenty-four (24) hour basis, subject to such regulations as Landlord may impose for security reasons. Landlord shall have no obligation whatsoever to provide guard service or other security measures for the public and common areas benefit of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except Premises or the Project. Tenant assumes all responsibility for damage occasioned by the act or omission protection of Tenant, its employees, agents, invitees and property from acts of third parties. Nothing herein contained shall prevent Landlord, at its sole option, from providing security protection for the repair of Project or any part thereof, in which damage event the non-capital cost thereof shall be paid for included within the definition of Operating Expenses. Tenant hereby acknowledges that existing security improvements are satisfactory. Any failure by Tenant. Landlord shall to furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator foregoing service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variationUnavoidable Delays, interruptionas hereinafter defined, or failure to such from temporary interruption of the foregoing services due to repairs or maintenance, shall not render Landlord liable in any cause whatsoever. No temporary interruption respect for damages to either person or failure of such services incident to the making of repairsproperty, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall nor be deemed construed as an eviction of Tenant Tenant, nor cause an abatement of rent, or relieve Tenant from any of Tenant's obligations hereunderunder this Lease; provided Landlord uses commercially reasonable efforts to restore such services. Before installing For purposes of this Section 16 and of Section 32, the term "Unavoidable Delays" shall mean any equipment in delays due to strikes; labor disputes; shortages of material, labor or energy; acts of God; governmental restrictions; enemy action; civil commotion; fire; unavoidable casualty or other causes beyond the Premises that generates more than a minimum amount control of heat, Tenant shall obtain Landlord and which do not arise from the written permission gross negligence or willful misconduct of Landlord, its officers, agents, employees and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildinglicensees. If any public utility or governmental body shall require Landlord or Tenant uses to restrict the consumption of any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity utility or reduce any service for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building, Landlord and Tenant shall comply with such requirements whether or not the utilities and services referred to in this Section are thereby reduced or otherwise affected, without reduction or adjustment of Rent hereunder. Landlord and its agents shall be permitted reasonable access to the Premises, and the right to install facilities within or through the Premises, in order to install and service the systems deemed necessary by the Landlord to provide to other tenants of the Building the services and shall provide promptly, upon request of Landlord, written proof of such paymentutilities referred to in this Section.
Appears in 1 contract
Sources: Lease (MPC Corp)
Services and Utilities. As long as Tenant is not in default under any of (a) Water and Utilities: Landlord agrees to provide water and other utility services for the Building subject to the provisions of this Lease, Landlord shall maintain paragraph 4(d) hereof. Tenant agrees to pay monthly payment addressed in Section 5 (e) as additional rent Tenant’s pro rata share of water rent and sewer service charges chargeable to the Premises and Building based upon the public and common areas size of the premises in proportion to the total square footage of the Building, unless such as lobbies, stairs, corridors and restroomsutilities are separately metered in which event Tenant shall pay the metered charges. If, in reasonably good order and condition except for damage occasioned by the act or omission of TenantLandlord’s sole judgment, the repair of which damage shall be paid water and sewer charges for by the premises are substantially higher than normal due to Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines’s water usage, heat and normal air conditioningthen Tenant agrees that it will, upon written notice from Landlord, install a water meter, at Tenant’s expense, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, thereafter pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity all water charges for the operation of premises based on such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinmeter readings. Tenant shall pay prior all costs of electricity, gas, telephone and other utilities used or consumed on the premises, together with all taxes, levies or other charges on such utilities. If Tenant defaults in payment of any such utilities, charges or taxes, Landlord may, at its option, pay the same for and on Tenant’s account, in which Tenant shall promptly reimburse Landlord therefor.
(b) HVAC Maintenance, Trash Removal, Common Area Lighting: Landlord agrees to delinquency all personal property taxes payable with respect to all property provide the following services: (i) maintenance, repair and replacement of Tenant the HVAC system serving the premises; (ii) trash removal from the dumpster located on the Premises or exterior of the building, it being understood that Tenant shall have the obligation to remove all trash from the premises and place the same within the dumpster; and (iii) reasonable Building and exterior site maintenance and illumination of the parking and common areas within the property, including snow and ice removal. Tenant agrees to pay its pro rata share of the cost of all of the foregoing services (excluding HVAC repair or replacement which shall provide promptlybe paid solely by Landlord) as part of “Operating Costs” as set forth in Section 5 hereof.
(c) Specialty HVAC Maintenance: Tenant shall maintain and repair Tenant’s separate HVAC equipment and other separate climate control equipment for any computer or similar equipment, upon request of Landlordif any, written proof of such paymentdesigned specifically for Tenant (e.g. for a computer or telephone room), whether the same was installed initially, or at a later date, by Landlord or by Tenant.
Appears in 1 contract
Sources: Lease (Tessco Technologies Inc)
Services and Utilities. As long as Tenant is not in default under any of 13.1 Subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises the following services and utilities subject to the public rules and common areas regulations of the BuildingBuilding prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises; (b) heat and air conditioning (which shall be controlled by Tenant); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by sub-meter. The charge shall be at the rates charged for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned services by the act local public utility, without ▇▇▇▇-up. In the absence of Landlord’s negligence or omission of Tenantwillful misconduct, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to for, and Tenant for shall not be entitled to, any loss abatement or damage caused reduction of rental by or resulting from any variation, interruption, or reason of Landlord’s failure to such services due to furnish any cause whatsoeverof the foregoing. No temporary Where there is negligence or willful misconduct by Landlord and the interruption or failure in service shall persist for an unreasonable time (in no event less than thirty (30) days) after written notice of such services incident failure is given to the making Landlord by Tenant and materially interferes with Tenant’s use of repairs, alterations, or improvements, or due access to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant Rent shall ▇▇▇▇▇ from and after such thirty (30) day period until the applicable service is resumed, but there shall be no abatement (and Landlord shall have no liability) where the restoration of the interrupted service is beyond Landlord’s reasonable control due to accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar. Landlord shall use reasonable efforts to remedy any interruption in advance, on the first day furnishing of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building services and shall provide promptly, upon request of Landlord, written proof of such paymentutilities.
13.2 Intentionally deleted.
Appears in 1 contract
Sources: Lease (Soapstone Networks Inc.)
Services and Utilities. As long as Tenant It is not in default under any agreed that Landlord shall furnish adequate air-conditioning during the seasons of the provisions year when air-conditioning is required and adequate heat during the seasons of this Lease, the year when heat is required. It is further agreed that Landlord shall maintain provide reasonably adequate electricity, water, exterior window cleaning service and char and janitorial service. The char and janitorial service shall be provided Monday through Friday only (except legal holidays) in accordance with the Premises prevailing standards for comparable office buildings in the Reston, Virginia area. Landlord shall provide elevator service by means of automatically operated elevators; provided, however, that Landlord shall have the right to remove elevators from service as the same shall be required for moving freight, or for servicing or maintaining the elevators and/or the Building. Landlord shall furnish all services and utilities required by this lease only during the public and common areas normal hours of operation of the Building, such as lobbiesset forth in the rules and regulations attached hereto as Exhibit B (“Rules and Regulations”), stairsunless otherwise specified herein. It is also agreed that if Tenant requires air-conditioning or heat beyond the normal hours of operation set forth herein and provided arrangements are made with Landlord’s agent, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of lowsuch air-power-usage office machines, conditioning or heat and normal air conditioning, Tenant agrees to pay for the same with the next monthly installment of rent in accordance with the then-current schedule of costs and elevator service during ordinary business hoursassessments therefor. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, It is understood and customary building janitorial service. agreed that Landlord shall not be liable for failure, delay or suspension in furnishing any of the utilities or services required to Tenant for any loss or damage be provided by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or resulting materials, acts of God or from any variation, interruption, or failure to such services due to any other cause whatsoever. No temporary interruption Any such failure or failure of such inability to furnish the utilities or services incident to the making of repairsrequired hereunder shall not be considered an eviction, alterationsactual or constructive, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, and shall not entitle Tenant shall to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing, in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated event that material services to be provided by Landlord under this Lease such as electricity, water, gas, sewer or HVAC, are suspended for more than 48 consecutive hours, Tenant’s rent shall be abated until such time as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentservices are restored.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the confortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for Landlord-furnished lightingany damages directly or indirectly resulting from, toilet room suppliesnor shall the Rent be abated by reason of (i) the installation, window washing at use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable intervalscontrol of Landlord or by the making of necessary repairs or improvements to the Premises, and customary building janitorial serviceBuilding 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 Premies, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed at 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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
Sources: Office Building Lease (Proflight Medical Response Inc)
Services and Utilities. As long a. Landlord agrees to furnish to the Premises, during Business Hours on Business Days as Tenant is not set forth in default under any Paragraph 2(k) above, and subject to the rules and regulations of the provisions Building, "Building Standard" amounts of electricity, heat and janitorial service. Upon request by Tenant in accordance with the procedures established by Landlord from time to time for furnishing HVAC Service at times other than Business Hours on Business Days, Landlord shall furnish such service to Tenant and Tenant shall pay for such services on an hourly basis at the then prevailing rate established for the Building by Landlord. As of the date of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, prevailing rate for furnishing HVAC Service at times other than Business Hours on Business Days is $25.00 per hour per floor which may be changed from time to time in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursLandlord's sole discretion. Landlord shall also provide light replacement service for Landlord-furnished lightingmaintain and keep lighted the common stairs, common entries and toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicerooms in the Building. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, No interruption, failure or failure inability to such services due to provide any cause whatsoever. No temporary interruption service or failure utility, regardless of such services incident to the making of repairsits duration, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant, or entitle Tenant to an abatement of rent.
b. Tenant shall not use any apparatus or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment device in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if which will in any way increase the amount of heat generated would place an undue burden on electricity usually furnished or supplied for the air conditioning system use of the Building. If Tenant uses Premises as general office space, nor connect with electric current any high-power-usage equipment apparatus or device except through existing electrical outlets in the Premises. If Tenant's usage of electricity, water or any other utility exceeds the Building Standard use of such utility, then to the extent permitted by Legal Requirements, Landlord may determine the amount of such excess use by any reasonable means (including, but not limited to, the installation at Landlord's request but at Tenant's expense of a separate meter or other measuring device) and charge Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as for the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthereof.
Appears in 1 contract
Sources: Lease (Mercata Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditions ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefore on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines, or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as defined in paragraph 8(as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, landlord may have installed a water meter or electrical current meter in the Promises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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 measured, 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
Sources: Lease Agreement (Mounger Corp)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Tenant shall have access to and Landlord agrees to furnish to the Premises or where applicable the Building and Common Areas subject to the rules and regulations of the provisions Building and during normal business hours, as defined below, all utilities, hot and cold water, heating, cooling, temperature control, air movement, ventilation and filtration; security services and life safety devices in compliance with applicable city, state or federal codes for the Building itself, not the Premises; landscaping, snow and ice removal; elevator service; rest room supplies; light bulbs; vermin control; and janitorial services required in Landlord's reasonable judgment for the comfortable use and occupation of this Leasethe Premises. All such services shall be suitable and comparable to services provided to comparable local buildings. Upon Tenant's request, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of provide essential services at time other than Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and 's normal air conditioning, and elevator service during ordinary business hours, provided, however, that Tenant shall pay for such additional services. Landlord shall also provide light replacement service for Landlord-furnished lightingmaintain and keep lighted the common stairs, toilet room supplies, window washing at reasonable intervals, common entries and customary building janitorial servicerest rooms in the Building. Landlord shall not be liable to for, and Tenant for shall not be entitles to, any loss or damage caused reduction of Rent by or resulting from any variation, interruption, or reason of Landlord's failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing 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 generation machines or equipment other than normal office equipment are used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain which affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system of system, Landlord reserves the Building. If Tenant uses any high-power-usage equipment right to install supplementary air conditioning units in the PremisesPremises and the cost thereof, Tenant shall in advanceincluding, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover installation, and the cost of furnishing electricity for such purpose unless so stated hereinoperation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant Tenant's normal business hours shall pay prior be Monday through Friday 8:00 a.m. to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.6:00 p.m.
Appears in 1 contract
Sources: Lease Agreement (Lynch Corp)
Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, (a) Landlord shall maintain agrees to provide janitorial services for the Premises in accordance with specifications and the public hours to be agreed upon between Landlord and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish cause electric current, water and sewer and natural gas to be supplied to the Premises and measured by separate meters, with electricity one meter for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourseach utility. Landlord shall also provide light replacement furnish such snow removal services to the Premises as may, be reasonably required by Tenant.
(b) Tenant hereby agrees to pay all charges with respect to electrical service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, to or used within the Premises as and customary building janitorial service. when due to such electrical provider.
(c) Tenant agrees that Landlord shall not be liable for failure to Tenant for supply any loss heating, air conditioning, electrical, janitorial, lighting or damage caused by or resulting from other services during any variation, interruptionperiod when Landlord uses reasonable diligence to supply such services, or failure during any period Landlord is required to reduce or curtail such services due pursuant to any cause whatsoever. No temporary interruption applicable laws, rules or failure regulations, now or hereafter in force or effect, it being understood that Landlord may discontinue, reduce or curtail such services, or any of them (either temporarily or permanently), at such services incident to the making times as it may be necessary by reason of accident, unavailability of employees, repairs, alterations, or improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and regulations, or due to accident any other happening beyond the control of Landlord. In the event of any such interruption, reduction or strike discontinuance of Landlord’s services (either temporary or conditions permanent), except for the abatement described below, Landlord shall not be liable for damages to persons or events beyond Landlord's reasonable control property as a result thereof, nor shall the occurrence of any such event in any way be deemed construed as an eviction of Tenant or relieve cause or permit an abatement, reduction or setoff of rent, or operate to release Tenant from any of Tenant's ’s obligations hereunder. Before installing Notwithstanding the foregoing, if any utilities are interrupted or discontinued due solely to the negligence of Landlord for a period of ten (10) days after Tenant has notified Landlord of such interruption, or such additional time as may be required due to acts of Tenant’s Parties or acts of god, force majeure, casualty damage, strikes, shortages of labor or materials, or other causes beyond Landlord’s reasonable control, and Tenant is unable to and does not use, the Premises in its entirety as a result of such interruption or discontinuance, Base Rent hereunder shall thereafter be abated until such time as such utilities are restored or Tenant begins using the Premises again, whichever shall first occur.
(d) Whenever heat generating machines or equipment or excessive lighting (i.e., that which exceeds the typical lighting level used by office tenants in the area in which the Building is located) are used by Tenant in the Premises that generates more than a minimum amount of heat, Tenant shall obtain which affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system of system, Landlord reserves the Building. If Tenant uses any high-power-usage equipment right to install supplementary air conditioning units in the PremisesPremises in the event Landlord’s independent consulting engineer determines same are reasonably necessary as a result of Tenant’s use of lights or equipment which generate heat loads in excess of those for which the HVAC system is designed and the cost therefor, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the installation, operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount and maintenance thereof, shall be prepaid by Tenant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, Landlord upon request of demand by Landlord, written proof of such payment.
Appears in 1 contract
Sources: Lease Agreement (Somanetics Corp)
Services and Utilities. As long as Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default under hereunder. Services and utilities shall include reasonable quantities of electricity, heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises; lighting replacement for building standard lights; window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall supply common area water for drinking, cleaning and restroom purposes only. Tenant, at Tenant’s sole cost and expense, shall supply all paper and other products used within the Premises. During normal business hours on generally recognized business days, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other customary Building services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, at any time and from time to time during the Term, to contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall Rent be abated by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the provisions foregoing services, or (b) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of this LeaseLandlord, Landlord shall maintain or by the making of necessary repairs or improvements to the Premises, Building or Project, or (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises and or Project, or (d) the public and common areas limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the BuildingPremises, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act Building or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceProject. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services. Tenant shall not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, without limitation, electronic data processing machines, punch card machines, word processing equipment, personal computers, or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of desk top office equipment and photocopy equipment ordinarily in use in premises designated as general office space, as determined by Landlord. Tenant shall not connect any loss apparatus to electric current except through existing electrical outlets in the Premises. Tenant shall not consume electric current in excess of that usually furnished or damage supplied for the use of premises as office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse. In the event of consent, electrical current shall be separately metered in Tenant’s name and paid for by Tenant. The cost of any such meter and its installation, maintenance and repair shall be paid by Tenant. Notwithstanding anything contained herein to the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by or Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any variation, interruption, or failure time separate metering of utilities furnished to such services the Premises. If the separate metering of utilities furnished to the Premises is due to Tenant’s excessive use of electric current, then the cost of any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairsmeter and its installation, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control maintenance and repair shall be deemed an eviction paid by Tenant. If Landlord requires separate metering for reasons other than Tenant’s excessive consumption of electric current, then the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord. In either event, accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses heat generating machines or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heataffects the temperature otherwise maintained by the HVAC system, Tenant shall obtain Landlord reserves the written permission of Landlord, and Landlord may refuse right to grant such permission if the amount of heat generated would place an undue burden on the install supplementary air conditioning system of the Building. If Tenant uses any high-power-usage equipment units in the PremisesPremises and the cost thereof, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the installation, operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount and maintenance thereof, shall be paid by Tenant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, Landlord upon request of Landlord, written proof of such paymentdemand therefor.
Appears in 1 contract
Sources: Loan and Security Agreement (Hudson Pacific Properties, Inc.)
Services and Utilities. As long as Provided that Tenant is not in material monetary default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord 7:00 a.m. to 6:00 p.m. Monday through Friday in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment equipment consistent With Tenant’s current use of this Leasethe Premises, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of the Premises. Landlord shall maintain adequate HVAC in Premises at or around 74 degrees Fahrenheit in summer and at around 68 degrees Fahrenheit in winter for standard Office use. If Tenant desires HVAC at any other time, Landlord shall maintain use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord’s charges therefor on demand following rendition of an invoice, but not to exceed $50.00 per hour per floor in the Premises multi-tenant (South) building. In the single tenant (North) building, any after hours electricity and the public and common areas of the Building, such HVAC cost incurred as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission a result of Tenant, the repair of which damage ’s after hours use shall be paid billed at Landlord’s actual cost to the Tenant in the form of excess operating expenses for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursthat building. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the 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 maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. If Landlord shall fail adequately to provide any service (including, without limitation, heat, ventilation, cooling, electric running water and supplies in washrooms, access to and egress from the Premises, and heat, lighting and janitorial service to the Premises and common areas), make any repair or otherwise breach any of its obligations under this Lease, then, without waiving any rights or remedies available to Tenant at law or equity, Tenant may upon ten (10) days’ notice to Landlord remediate such remedy or breach, including without limitation, paying outstanding real estate taxes and utilities on the Building, and deduct the reasonable and necessary costs thereof from rent and additional rent payable by Tenant hereunder. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse not to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses be unreasonably withheld, use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as reasonably determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as reasonably determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electrical current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional actual expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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 actual 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. Janitorial services shall be contracted for pursuant to specifications acceptable to Tenant.
Appears in 1 contract
Sources: Office Building Lease (Realogy Corp)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for customary office and copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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 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
Services and Utilities. As long as Tenant is not in default under any of 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages), the following services and utilities subject to the rules and regulations of the Project prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning in season during Building Business Hours, at such temperatures and in such amounts as are standard for similar “Class A” office buildings in Austin, Texas; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Notwithstanding any provision herein to the contrary, Landlord’s obligation to provide heat and air conditioning and electricity (over and above the amounts which can prudently be provided by the Building Systems constructed and installed as part of the Shell Improvements) are conditioned and contingent upon Tenant installing, in connection with Tenant’s construction of the Tenant Improvements, all upgrades to the electrical and HVAC systems serving the Building which may be necessary to provide HVAC service and electrical service to Tenant in the amounts desired by Tenant. In the absence of Landlord’s negligence or willful misconduct and except as otherwise provided in this Lease, Landlord shall maintain not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge more than Landlord’s Actual Cost for such additional service. The current charge for after-hours HVAC services, which is subject to change at any time, is specified in Section 4.7 of this Lease.
13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate as described in Section 13.1 and Section 4.7, in either event whether with or without Landlord’s approval and Tenant does not either eliminate such excess usage or notify Landlord that Tenant intends to install its own supplementary heating and/or air conditioning units within thirty (30) days after notice from Landlord of that excess use, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the public cost thereof, including the cost of installation and common areas the cost of operations and maintenance, shall be paid by Tenant to Landlord within thirty (30) days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts, which will in any way increase the amount of electricity beyond the amounts which can prudently be provided by the Building Systems constructed and installed as part of the BuildingShell Improvements or increase the amount of water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of those amounts, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such as lobbies, stairs, corridors excess water and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission electric current. The cost of Tenant, the repair of which damage any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord shall furnish within five (5) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with electricity for lighting any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the operation provisions of low-power-usage office machines, heat Articles 6 and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat26, Tenant shall obtain be entitled to the written permission use of Landlord, and Landlord may refuse wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant sufficient for normal general office use of the Premises. Landlords shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated no event be liable for disruption in any service obtained by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount Tenant pursuant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis Section 13.5.
Appears in 1 contract
Sources: Lease Agreement (KBS Real Estate Investment Trust III, Inc.)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Land▇▇▇▇ ▇▇▇ees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in advancethe Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), on without first procuring the first day written consent of each month during Landlord, which Landlord may refuse, and in the least termevent of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tena▇▇ ▇▇▇ees to pay to Landlord promptly upon demand for all such water and electric current consumed as Additional Rent shown by said meters, at the reasonable amount estimated 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord as 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 cost of furnishing electricity for Premises. In the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinevent utilities are separately metered. Tenant shall pay prior 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 delinquency all personal property taxes payable with respect to all property of Tenant located on comparable office buildings in the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under any of this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) electricity and heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall maintain not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, except for electricity and heat and air conditioning charges, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service.
13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the public cost thereof, including the cost of installation and common areas the cost of operations and maintenance, shall be paid by Tenant to Landlord within five (5) days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the BuildingPremises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such as lobbies, stairs, corridors excess water and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission electric current. The cost of Tenant, the repair of which damage any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord shall furnish within five (5) days of Landlord’s demand , the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with electricity for lighting any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the operation provisions of low-power-usage office machines, heat Articles 6 and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat26, Tenant shall obtain be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written permission consent of Landlord, which consent may be withheld in Landlord’s sole and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildingabsolute discretion. If Tenant uses any high-power-usage equipment in the Premises, Tenant Landlord’s shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated no event be liable for disruption in any service obtained by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount Tenant pursuant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis paragraph.
Appears in 1 contract
Sources: Lease Agreement (Intrusion Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord’s charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as Lessor’s Initials Lessee’s Initials determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electrical current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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
Services and Utilities. As long Landlord shall provide and install a separate electric meter for the Premises and shall distribute sufficient electric capacity to the Premises for normal office equipment, lighting, and HVAC (heating, ventilating and air-conditioning) as required in Landlord's judgement for the intended use and occupancy of the Premises and as customarily furnished at comparable office buildings in the area. Any increase of electric service over that provided by Landlord shall require Landlord's advance written permission and the costs of any such increase of electric service shall be the responsibility of Tenant. Tenant is shall not connect any apparatus employing electric current except through existing outlets and receptacles within the Premises. Landlord shall furnish, to the Premises, water, sewer and elevator ser- vice, and janitorial service, exterior window-washing, HVAC equipment & filter maintenance services as required in default under Landlord's judgement and as customarily furnished at comparable office R & D buildings in the area. Tenant shall not consume any of the provisions above services or utilities in excess of this Lease, that usually furnished and supplied for use of the Premises as general office R & D space (as determined by Landlord) without Landlord's advance written permission (which may be denied) and Landlord may under such circumstances establish a monthly charge for Tenant's excess use or consumption of such services and utilities. Landlord shall maintain and keep lighted the Premises and the public and common areas of the BuildingProject, such as including parking areas, building entries, lobbies, stairscorridors, corridors staircases, and restrooms, in reasonably good order and condition except Landlord shall furnish restroom supplies and lightbulb replacement for damage occasioned by Building Standard (i.e. Landlord installed) light fixtures within the act or omission of Tenant, the repair of which damage shall be paid for by TenantPremises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services or utilities, (ii) failure to furnish or delay in furnishing any such services or utilities where such failure or delay is caused by accident or making of necessary repairs or improvements to the Premises with electricity for lighting and Premises, Building or Project, or (iii) the operation limitation, curtailment or rationing of, or restrictions on, use of low-power-usage office machineswater, heat and normal air conditioningelectricity, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lightinggas or any other form of energy serving the Premises, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceBuilding or Project. Landlord shall not be liable under any circumstances, unless directly attributable to Tenant Landlord's wrongful or negligent acts, for any the loss or damage caused by to Tenant's property or resulting from any variationbusiness, interruption, through or in connection with or incidental to failure to such services due to any cause whatsoever. No temporary interruption furnish or failure delay in the furnishing of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunderthe foregoing services or utilities. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain arrange for the written permission initiation of Landlord, and Landlord may refuse service for any separately metered utilities to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advanceincluding telephone service, on directly with the first day of each month during appropriate utility vendor or supplier, and all billing invoices, security deposits, and any other charges relating to the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation initiation and continued provision of such equipment. The monthly Rent stated separately metered utilities and telephone service shall be the responsibility of and in Subsection 1.g hereof does not include any amount to cover the cost name of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentTenant.
Appears in 1 contract
Sources: Office R&d Lease (Protein Polymer Technologies Inc)
Services and Utilities. As long as Tenant is not in default under any A. Subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, head and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive hear-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgement; 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. Landlord shall 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 cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid by Tenant to Landlord upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as determined by TenantLandlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall furnish may add to the Premises with electricity for lighting and separate or metered charge a recovery of additional expense incurred in keeping account of the operation of low-power-usage office machinesexcess water, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceelectric current or other resource so consumed. Landlord shall not be liable to Tenant for any loss damages directly or damage indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or resulting from the elements, labor disturbances of any variation, interruptioncharacter, or failure to such services any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any cause whatsoever. No temporary interruption other form of energy or failure any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services incident to the making of repairsPremises or the Building, alterations, whether by Regulation or improvements, otherwise; nor shall any such occurrence constitute an actual or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an constructive eviction of Tenant. Landlord shall further have not obligation to protect or preserve any apparatus, equipment or device installed by Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in advancea reasonable manner with the efforts of national, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipmentstate or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The monthly Rent stated in Subsection 1.g hereof does not include obligation to make services available hereunder shall be subject to the limitations of any amount such voluntary, reasonable program. In addition, Landlord reserves the right to cover change the cost supplier or provider of furnishing electricity for any such purpose unless so stated hereinutility or service from time to time. Tenant shall pay prior have no right to delinquency all personal property taxes payable contract with or otherwise obtain any electrical or other such service for or with respect to all property of Tenant located on the Premises or Tenant's operations therein from any supplier or provider of 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. The --- rent for a pro-rata portion of the premises obviously and directly affected by ------------------------------------------------------------------------------ an occurrence or event that is the Landlord's responsibility for maintenance, ---------------------------------------------------------------------------- for five days or greater with a written notice provided to Landlord, will be ---------------------------------------------------------------------------- abated beginning the sixth day until remedied. ---------------------------------------------
C. Tenant shall provide promptlypay, upon request demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant, Tenant's Proportionate Share of Landlord, written proof of such paymentall charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any 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, Regulations and Procedures of the provisions Building of this Lease, Landlord shall maintain which the Premises and the public and common areas of the Buildingare a part, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for normal lighting and the operation of low-power-usage fractional horsepower office machines, heat and normal air conditioningconditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to Tenant furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for any a loss or damage caused by injury, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing any Wherever heat generating machines or equipment are used in the Premises that generates more than a minimum amount 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 heatinstallation, and the cost of operation and maintenance thereof shall be paid by Tenant shall obtain the to Landlord upon demand by Landlord. Tenant will not, without written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment 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 outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in advance, on the first day excess of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity that usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Premises as general office space, Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on first procure the Premises or the Building and shall provide promptly, upon request written consent of Landlord, written proof 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 paymentuse. 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 reasonably estimated by Landlord, and paid by Tenant.
Appears in 1 contract
Services and Utilities. As a. During the term of this Lease and so long as Tenant is not in default under any of the provisions of this Leasedefault, Landlord shall maintain agrees to cause to be furnished to the Premises and in such manner as is customary in similar buildings in the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenantsame geographical area, the repair following utilities and services (the cost of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting included within Operating Costs):
(1) Electricity, water, gas and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial sewer service. Landlord shall not be liable to Tenant for The interruption or curtailment of any loss or damage service caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events event beyond Landlord's reasonable control shall not constitute constructive eviction and shall not entitle Tenant to any abatement of rent or any other claim against Landlord, nor shall any interruption be deemed an eviction grounds for constructive eviction, rent abatement or termination of this Lease or any other claim provided Landlord exercises reasonable diligence to remedy such interruption. Tenant will not, without the written consent of Landlord, use any apparatus or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment device in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if which will increase the amount of heat generated would place an undue burden on the air conditioning system electricity or water usually furnished or supplied for use of the BuildingPremises as general office space. If Tenant uses any high-power-usage equipment such extra service is permitted by Landlord, Landlord may cause a water meter or electric meter to be installed in the Premises. The cost of such meters, and any increase in utility charges shall be promptly paid by Tenant.
(2) Telephone connection to the core space on the floor on which the Premises are located, but not including wiring from the core, telephone stations and equipment (it being expressly understood and agreed that Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity be responsible for the operation ordering and installation of telephone lines and equipment to and within the Premises).
(3) Heat and air conditioning to such equipmentextent and to such levels as are reasonably required for the comfortable use and occupancy of the Premises. The monthly If the Premises are rendered untenantable by reason of Landlord's failure to maintain such levels then Tenant shall be entitled to a full abatement of Basic Rent stated in Subsection 1.g hereof does not include any amount to cover for each day the cost of furnishing electricity for such purpose unless so stated hereinPremises are untenantable, after two working days. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property not use any method of Tenant located on the Premises heating, ventilating or the Building air conditioning other than that supplied by Landlord.
(4) Snow and shall provide promptly, upon request of Landlord, written proof of such paymenttrash removal service.
(5) Landscaping and groundskeeping service.
Appears in 1 contract
Sources: Lease (Bisys Group Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use, of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 to Tenant under any circumstances for any a loss or damage caused by or resulting from any variation, interruptionof, or injury to, property or business, however occurring, through or in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at anytime 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
Sources: Lease Agreement (Air Methods Corp)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during the hours of 8:00 A.M. to 6:00 p.m., Monday through Friday, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's actual costs therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space, without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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. Landlord 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 five (5) days per week janitor services in a manner that such services are customarily furnished to comparable office building in the area.
Appears in 1 contract
Sources: Lease Agreement (Webvan Group Inc)
Services and Utilities. As long as Tenant 13.1 Provided no Event of Default has occurred and is not in default under any of continuing, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises (with Tenant being responsible for the repair and maintenance of the water heater servicing the Premises); (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall maintain pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by T▇▇▇▇▇ and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by T▇▇▇▇▇, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages.
13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the public cost thereof, including the cost of installation and common areas the cost of operations and maintenance, shall be paid by Tenant to Landlord within five (5) days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 w▇▇▇▇ and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the BuildingPremises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such as lobbies, stairs, corridors excess water and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission electric current. The cost of Tenant, the repair of which damage any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord shall furnish within five (5) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by L▇▇▇▇▇▇▇) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with electricity for lighting any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the operation provisions of low-power-usage office machines, heat Articles 6 and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat26, Tenant shall obtain be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written permission consent of Landlord, which consent may be withheld in Landlord’s sole and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildingabsolute discretion. If Tenant uses any high-power-usage equipment in the Premises, Tenant L▇▇▇▇▇▇▇’s shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated no event be liable for disruption in any service obtained by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount Tenant pursuant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis paragraph.
Appears in 1 contract
Services and Utilities. As long as Tenant is not Landlord agrees to keep in default under any good ---------------------- order, condition and repair the foundations, exterior walls and roof of the provisions Leased Property (but excluding the exterior and interior of this Leaseall windows, doors, plate glass and showcases) except for reasonable wear and tear and except for any damage thereto caused by any act or negligence of tenant or its agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall maintain the Premises and the public and common areas have notified Landlord in writing of the Building, need for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act repairs or omission of Tenant, the repair of which damage shall be paid for by Tenantmaintenance. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator not be obligated to perform any service during ordinary business hoursor to repair or maintain any structure or facility except as provided in this Section. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial not furnish telephone facilities or service. Landlord shall not be obligated to provide any service or maintenance or to make any repairs pursuant to this Section when such service, maintenance or repair is made necessary because of the negligence or misuse of Tenant, Tenant's agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. Landlord reserves the right to stop any service when Landlord deems such stoppage necessary, whether by reason of accident or emergency, or for repairs or improvements or otherwise. Landlord shall not be liable under any circumstances for loss or injury however occurring, through or in connection with or incident to Tenant any stoppage of such services. Landlord shall have no responsibility or liability for failure to supply any services or maintenance or to make any repair when prevented from doing so by any cause beyond Landlord's control. Landlord shall not be obligated to inspect the premises and shall not be obligated to make any repairs or perform any maintenance hereunder unless first notified of the need thereof in writing by Tenant. In the event that Landlord shall fail to commence such repairs or maintenance within twenty (20) days after said notice, Tenant's sole right and remedy for such failure shall be, after further notice to Landlord, to make such repairs or perform such maintenance and to deduct the cost and expenses thereof from the rent payable hereunder; provided, however, that amount of such deduction not exceed the reasonable value of such repairs or maintenance. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other persons, which may be caused by the Complex or resulting from any variation, interruptionthe Leased Property, or any appurtenances thereto, being out of repair or by bursting or leakage of any water, gas, sewer or steam pipe, or by theft, or by any act or neglect of any tenant or occupant of the Complex, or of any other person, by failure to such services due to furnish or interruption of, service of any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationsutility, or improvementsby any other cause of whatsoever nature, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in unless caused by the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission negligence of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.
Appears in 1 contract
Sources: Office Lease (Expedia Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises, during generally recognized business days and during hours determined by Landlord, in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such services upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefore on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stars, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of: (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services; (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project; or (iii) the "limitation, and customary building janitorial servicecurtailment 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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variationin connection with or incidental to, interruption, or failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including without limitation, machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in advancethe Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the premises as general office space (as determined by Landlord), on without first procuring the first day written consent of each month during Landlord, which Landlord may refuse, and in the least termevent of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as Additional Rent shown by said meters, at the reasonable amount estimated rates charged for such services by the local public utility plus any additional expense incurred in keeping account of water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord as 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 expenses incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the cost of furnishing electricity 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 operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Sources: Sublease (Aurum Software Inc)
Services and Utilities. As long as Landlord shall provide the following listed services and utilities, namely:
22.1 heating, ventilation, and air conditioning (“HVAC”) for the Premises to maintain temperatures for comfortable use and occupancy twenty-four (24) hours a day, seven (7) days a week;
22.2 electric energy in accordance with Section 23 following;
22.3 automatic passenger elevators providing adequate service leading to the floor on which the Premises are located;
22.4 evening, unescorted janitorial services to the Premises including removal of trash;
22.5 hot and cold water sufficient for drinking, lavatory toilet and ordinary cleaning purposes from fixtures either within the Premises (if provided pursuant to this Lease) or on the floor on which the Premises are located, provided that to the extent reasonably possible, all water and sewage lines shall be routed away from the computer data center;
22.6 replacement of lighting tubes, lamp ballasts and bulbs;
22.7 rextermination and pest control when and if necessary; and
22.8 maintenance of Common Areas in a manner consistent with other first class suburban office buildings in the Baltimore-Washington corridor, including, without limitation, landscaping and snow removal. Notwithstanding the foregoing, if at any time during the Term, Landlord shall, after reasonable investigation determine that trash and similar waste generated by Tenant and/or emanating from the Premises is not in default under any excess of that of other standard office and data center tenants within the Building leasing a premises of the provisions same or similar size to that of this Leasethe Premises, Landlord shall maintain the Premises ▇▇▇▇ Tenant and the public and common areas Tenant shall pay to Landlord as additional rent hereunder within thirty (30) days of the Buildingdate of Landlord’s invoice for the same, those costs and expenses of trash removal which are reasonably attributable to such as lobbiesexcess trash and similar waste generated by Tenant and/or emanating from the Premises. Landlord shall use reasonable efforts to perform the services and provide the utilities required under this Section 22 in a manner which avoids inconvenience, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act annoyance or omission of Tenant, the repair of which damage shall be paid for by injury to Tenant. Landlord shall furnish reserves the Premises with electricity for lighting right to stop service of the HVAC, elevator, plumbing and the operation electric systems, when necessary, by reason of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruptionaccident, or failure to such services due to any cause whatsoever. No temporary interruption emergency, or failure of such services incident to the making of for repairs, alterations, replacements, or improvements, which in the judgment of Landlord are desirable or necessary to be made, until said repairs, alterations, replacements, or improvements shall have been completed with due diligence and reasonable efforts by Landlord; provided, however, that Landlord shall make all reasonable efforts to accident avoid such stoppage, and, if such stoppage nonetheless is required, to coordinate with Tenant and avoid inconvenience, annoyance or strike injury to Tenant arising out of the stoppage. Landlord shall have no responsibility or conditions liability for failure to supply HVAC, elevator, plumbing, cleaning, and electric service, during said period or events when prevented from so doing by laws, orders, or regulations of any Federal, State, County or Municipal authority or by strikes, accidents or by any other cause whatsoever beyond Landlord's reasonable control shall be deemed an eviction of ’s control. Landlord’s obligations to supply HVAC are subject to applicable laws and regulations as to energy conservation and other such restrictions. In the event that Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in should require supplemental HVAC for the Premises, Tenant any maintenance repair and/or replacement required for such supplemental service shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated be performed by Landlord as but the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. maintenance repair and/or replacement (including labor and materials) shall be paid by Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentas additional rent.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days. and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project. or (iii) the limitation, and customary building janitorial servicecurtailment 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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses shall not connect any high-power-usage equipment apparatus with electric current except through existing electrical outlets in the Premises, Tenant shall not consume water or electric current in advanceexcess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), on without first procuring the first day written consent of each month during Landlord, which Landlord may refuse, and in the least termevent of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as Additional Rent shown by said meters, at the reasonable amount estimated 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord as 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 cost 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 furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless utilities so stated hereinconsumed. Tenant shall pay prior 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 delinquency all personal property taxes payable with respect to all property of Tenant located on comparable office buildings in the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Sources: Office Building Lease (Newgold Inc)
Services and Utilities. As long (SEE RIDER) Except as Tenant is not otherwise provided in default under any of the provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the public Rules and common areas Regulations of the BuildingBuilding or Project, such electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as lobbiesrequired in Landlord's judgment for the comfortable use and occupancy of the Premises. If Tenant desires HVAC at any other time, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall use reasonable efforts to furnish the Premises with electricity for lighting such service upon reasonable notice from Tenant and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursTenant shall pay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitations, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project imposed by governmental requirement or by the utility company furnishing such services. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoever. No temporary interruption or failure other than as a result of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of gross negligence or willful misconduct. If Tenant uses heat generating machines or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heatwhich affect the temperature otherwise maintained by the HVAC system, Tenant shall obtain be responsible for the installation of supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written permission consent of Landlord, and which Landlord may refuse refuse, and in the event of consent, Landlord may have installed a water meter in the Premises to grant such permission if measure the amount of heat generated would place an undue burden on water consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the air conditioning system Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water plus any additional expense incurred in keeping account of the Buildingwater so consumed. If a separate meter is not installed, the excess cost for such water shall be established by an estimate made by a utility company or mechanical engineer 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 uses shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any high-power-usage equipment 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 and exterior window washing in a manner that such services are customarily furnished to comparable office buildings in the area. Notwithstanding the above, Tenant shall have access to the Building and use of the Premises, Tenant shall in advanceat will, on the first day of each month during the least term24 hours per day, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein365 days per year. Tenant shall contract for and pay prior to delinquency the appropriate supplier directly for all personal property taxes payable with respect to all property of Tenant located on utility services specifically serving the Premises, janitorial services and supplies, HVAC maintenance and repairs, and any other services and utilities serving the Premises or which are not otherwise the Building and shall provide promptly, upon request obligation of Landlord, written proof of such paymentLandlord in accordance with the Lease.
Appears in 1 contract
Services and Utilities. As long as A. Provided Tenant is shall not be in default under any hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgment, 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. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal 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 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 cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid by Tenant to Landlord upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as determined by TenantLandlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall furnish may add to the Premises with electricity for lighting and separate or metered charge a recovery of additional expense incurred in keeping account of the operation of low-power-usage office machinesexcess water, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceelectric current or other resource so consumed. Landlord shall not be liable to Tenant for any loss damages directly or damage indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or resulting from the elements, labor disturbances of any variation, interruptioncharacter, or failure to such services any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any cause whatsoever. No temporary interruption other form of energy or failure any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services incident to the making of repairsPremises or the Building, alterations, whether by Regulation or improvements, otherwise; nor shall any such occurrence constitute an actual or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in advancea reasonable manner with the efforts of national, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipmentstate or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The monthly Rent stated in Subsection 1.g hereof does not include obligation to make services available hereunder shall be subject to the limitations of any amount such voluntary, reasonable program. In addition, Landlord reserves the right to cover change the cost supplier or provider of furnishing electricity for any such purpose unless so stated hereinutility or service from time to time. Tenant shall pay prior have no right to delinquency all personal property taxes payable contract with or otherwise obtain any electrical or other such service for or with respect to all property of Tenant located on 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.
C. Tenant shall provide promptlypay, upon request demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant, Tenant's Proportionate Share of Landlord, written proof of such paymentall charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and 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; Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the provisions foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of this LeaseLandlord, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned or by the act making of necessary repairs or omission improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of Tenantwater, electricity, gas or any other form of energy serving the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machinesPremises, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceBuilding or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heatwhich affect the temperature otherwise maintained by the HVAC system, Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Landlord shall furnish electric 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
Services and Utilities. As long (a) Subject to the provisions of paragraph (c) below, Landlord agrees that all water, sewer, electricity, gas, telephone and other utilities will be available to the Premises in sufficient quantities to meet Tenant's reasonably anticipated requirements for general office use.
(b) Tenant agrees to pay directly to the service provider or, if not separately billed, to Landlord as additional rent, all water rent and sewer service charges chargeable to the Building. Tenant is shall pay all costs of electricity, gas, telephone and other utilities used or consumed on the premises, together with all taxes, levies or other charges on such utilities. If Tenant defaults in payment of any such utilities, charges or taxes, Landlord may, at its option following not less than ten (10) days prior written notice to Tenant, pay the same for and on Tenant's account, in which Tenant shall promptly reimburse Landlord therefor.
(c) Landlord agrees to provide reasonable roof and exterior Building and exterior site maintenance, repair, refurbishing, and landscaping, maintenance, repair, refuse removal from the exterior dumpster (it being understood that Tenant will be responsible for its own refuse removal within the interior of the premises), snow removal, illumination of the parking and common areas within the Property (as defined in Section 6, below). Tenant shall, at its own expense, provide its own janitorial and maintenance services for maintenance of the interior of the Premises throughout the term of the Lease, and shall keep all trash and debris properly stored until picked up at Tenant's expense.
(d) Landlord shall not be in default under hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rent be abated by reason of (i) the installation, use of interruption of use of any equipment in connection with the furnishing of any of the provisions of services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, Landlord shall maintain or by the Premises and making of necessary repairs or improvements to the public and common areas premises or Building; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, gas or any other form of energy serving the premises of Building, such as lobbiesexcept in each case to the extent caused by Landlord's negligence and willful acts and that of Landlord's agents, stairsemployees, corridors contractors, invitees and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicelicensees. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for property or business, however occurring, through or in connection with or incidental to failure to furnish any loss or damage such services, except to the extent caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises negligence and willful acts and that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord's agents, employees, contractors, invitees and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentlicensees.
Appears in 1 contract
Sources: Office Lease (Neustar Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (I) the Installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heat, installation operation and maintenance thereof shall be paid by Tenant to Landlord upon demand Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing ***CROSSED OUT TEXT***consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly up demand 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 by Landlord. 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 utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account 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
Services and Utilities. As long as Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default under any hereunder. Services and utilities shall include reasonable quantities of electricity, heating, ventilation and air conditioning (HVAC) as required in Landlord's reasonable judgment for the comfortable use and occupancy of the provisions of this Lease, Landlord shall maintain Premises; lighting replacement for building standard lights; window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenantarea. Landlord shall furnish the Premises with electricity supply common area water for lighting drinking, cleaning and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursrestroom purposes only. Landlord shall also provide light replacement maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord's charges therefor on demand. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (b) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (c) 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 Tenant for any loss property or damage caused by business, however occurring, through, in connection with or resulting from any variation, interruption, or incidental to the failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain not, without the prior written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including, without limitation, electronic data processing machines, punch card machines, word processing equipment, personal computers, or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated desk top office equipment and photocopy equipment ordinarily in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinuse in premises designated as general office space, as determined by Landlord. Tenant shall pay prior not connect any apparatus to delinquency all personal property taxes payable with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse. In the event of consent, electrical current shall be separately metered in Tenant's name and paid for by Tenant. The cost of any such paymentmeter and its installation, maintenance and repair shall be paid by Tenant.
Appears in 1 contract
Sources: Lease Agreement (Midwest Medical Insurance Holding Co)
Services and Utilities. As long of the Commencement Date (and, if applicable, during the Early Occupancy Period), Subtenant shall promptly pay, as Tenant the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Subtenant on or about the Premises during the Term, including without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, and water service available to the Premises as of the Commencement Date), and (ii) penalties for discontinued interrupted service. If any utility service is not in default under any separately metered to the Premises, then Subtenant shall pay Subtenant’s Proportionate Share of the provisions cost of this Leasesuch utility service with all others served by the service not separately metered. However, if Sublandlord or Landlord shall maintain the Premises and the public and common areas reasonably determine that Subtenant is using a disproportionate amount of any utility service not separately metered, then Landlord or Sublandlord at its election may (i) periodically charge Subtenant, as Additional Rent, a sum equal to Landlord’s or Sublandlord’s reasonable estimate of the Buildingcost of Subtenant’s excess use of such utility service, such as lobbiesor (ii) install, stairsat Subtenant’s expense, corridors and restrooms, in reasonably good order and condition except for damage occasioned by a separate meter to measure the act utility service supplied to the Premises. Any interruption or omission cessation of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or utilities resulting from any variationcauses, interruptionincluding any entry for repairs pursuant to this Sublease, and any renovation, redecoration or failure rehabilitation of any area of the Project shall not render Sublandlord or Landlord liable for damages to such services due to any cause whatsoever. No temporary either person or property or for interruption or failure of such services incident loss to the making of repairsSubtenant’s business, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall nor be deemed construed as an eviction of Tenant Subtenant, nor work an abatement of any portion of Rent, nor relieve Subtenant from fulfillment of any covenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment agreement hereof; provided, however, in the Premises event that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system interruption of the Building. If Tenant uses any high-power-usage equipment in Project or Building services causes the PremisesPremises to be untenantable for a period of at least ten (10) consecutive business days, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentbe abated proportionately.
Appears in 1 contract
Sources: Sublease Agreement (ShoreTel Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any of the provisions of this Leasehereunder, Landlord shall maintain agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord in its reasonable discretion, and subject to the public rules and common areas regulations of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with 11 electricity for normal lighting and the operation of low-power-usage normal and customary office machinesmachines and equipment, heat and normal air conditioningconditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises, and elevator service during ordinary business hoursjanitorial service. Landlord shall also provide light replacement service lighting for Landlord-furnished lightingthe common stairs, common entries and toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicerooms in the Building. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction in the Rent due hereunder by reason of Landlord's failure to Tenant furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or 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 any loss of or damage caused by injury to property, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing any Wherever machines or equipment are used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain which affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system 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 Buildingcost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. If Tenant uses shall not, without the prior written consent by Landlord, use any high-power-usage equipment apparatus or device in the Premises, including by way of illustration and not limitation, 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 used above that usually furnished or supplied for the use of the Premises as general office space; nor connect any apparatus or device with electric current lines except through existing electrical outlets in the Premises. If Tenant desires to use water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall request the same from Landlord in advancewriting. Landlord may refuse such request, on but such refusal shall not be unreasonable. If such request is granted, Landlord shall cause a separate water meter or electrical current meter to be installed in the first day Premises to measure the amount of each month during the least termwater or electric current consumed. The Tenant agrees to pay promptly upon demand therefor from Landlord, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of any such meters and of the installation, maintenance and repair thereof, and the charges for all water and electric current consumed as shown by said meters in excess of the amount consumed in connection with the use of the Premises as general office space, at the rates charged for such services by the utility furnishing electricity 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, the Tenant agrees to pay the cost for such excess water and electric current as established by an estimate of the amount of such excess use made by a utility company or electrical engineer selected by Landlord. If Tenant requires heating, ventilating or air conditioning for the operation Premises outside of the normal and customary business hours for the Building (currently Monday through Friday, 7:00 a.m. to 6:00 p.m., and Saturdays, 8:00 a.m. to 4:00 p.m., excluding holidays), then Landlord will furnish the same for the hours specified in a request from Tenant (which request will be made at the time and in the manner reasonably designated by Landlord for such equipment. The monthly Rent stated in Subsection 1.g hereof does not requests from time to time), and for this service Tenant will pay Landlord the hourly rate reasonably determined by Landlord from time to time, which rate may include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior service to delinquency all personal property taxes payable with respect to all property areas of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentin addition to the Premises.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (HVAC) as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (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 Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatInstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current In excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord) without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the 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, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer 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.
Appears in 1 contract
Sources: Office Lease (Valuestar Corp)