Common use of Services and Utilities Clause in Contracts

Services and Utilities. Lessee shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.

Appears in 2 contracts

Samples: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)

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Services and Utilities. Lessee 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building, 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 judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utility, Tenant shall pay during pay, upon demand, as additional rent, for all electricity used by Tenant in the Lease Term (and Premises, including the usage of any temporary power supplied to Tenant prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by LesseeCommencement Date. The lack or shortage of any service or utility described in this Article due to any cause whatsoever charge shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of be at the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionpro rata rates charged for such services by the local public utility. Lessor Landlord shall not be liable under for, and Tenant shall not be entitled to, any circumstances for injury to abatement or death reduction of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to rental by reason of Landlord's failure to furnish any of the foregoing. Lessee , 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 connect be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or permit connection with electric currentby any other cause, gas similar or water supply linesdissimilar, except through existing electrical outletsbeyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, gas lines or water linesas a result thereof, respectivelyTenant is unable to operate in the Premises more than five (5) days, servicing then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. If Lessee should require additional waterLandlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, gas interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or electric current, to the extent not separately metered to utilities services of the Premises, Lessee the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall first procure require water or electric current in excess of that required to be furnished or supplied for use in the written consent of LessorPremises as set forth in the Lease, which Lessor may refuse for any reason, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas such excess water and electric current consumed for any such usecurrent. The cost of any such meters and any additional installations or expense required or incurred as a result of installation, maintenance and repair thereof the increased capacity shall be paid for by the Lessee and Lessee Tenant. Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessortherefor, for the cost of all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.

Appears in 2 contracts

Samples: Lease (Startec Global Communications Corp), Lease (Startec Global Communications Corp)

Services and Utilities. Lessee shall pay Subject to the rules and regulations of the ---------------------- Building of which the Premises are a pan, Lessor agrees to furnish to the Premises during the Lease Term hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, other than recognized Building holidays (and prior to delinquency) all charges for watercollectively, gas, light (including, without limitation, replacement ballasts, tubes and bulbs"Building Hours"), heatheating and air-conditioning service which is required in Lessor's good faith judgment for the comfortable use and occupation of the Premises, air conditioningand at all times electricity for normal lighting, powerwater and elevator service which am required in Lessor's good faith judgment for the comfortable use and occupation of the Premises. During recognized business days for the Building, electricity, telephoneand subject to the reasonable rules and regulations of the Building and Project. Lessor shall furnish to the Premises and the Common Areas, janitorial service, trash pick-upwindow washing, sewer fluorescent tube replacement and all other toilet supplies; provided, however, Lessor shall not be required to provide janitorial services supplied to or consumed on for any portion of the Premises. Lessee shall arrange and pay for all gas and electricity separately metered Premises to the Premisesextent required as a result of the preparation or consumption of food or beverages (provided that nothing in this paragraph shall be construed as a consent by Lessor to the preparation or consumption of such food or beverages unless otherwise expressly provided elsewhere in this Lease). Janitorial services for the Premises and telephone services required by Lessee Lessor shall also be arranged maintain and paid keep lighted during such hours and after-hours (at levels sufficient for by Lesseeafter-hours usage) the common stairs, common entries and toilet rooms in the Building. The lack or shortage of any service or utility described in this Article due to any cause whatsoever Lessor shall not affect Lessee’s obligations hereunderbe liable for, and Lessee shall faithfully keep and observe all not be entitled to, any reduction of Rentals by reason of Lessor's failure to furnish any of the termsforegoing when such failure is caused by casualty, conditions and covenants Act of this Lease and pay all Rentals due hereunder without diminutionGod, credit accident, breakage, repairs, strikes, lockouts or deductionother labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Lessor. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s 's business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the Temperature otherwise maintained by the air conditioning system, Lessor 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 Lessee to Lessor upon demand by Lessor as additional rent. The costs of all utilities and services furnished by Lessor to Lessee pursuant to this Article 17 which am not specified as being reimbursed or paid directly by Lessee shall be included as items of Building Operating Expenses. Lessee will not, without the prior written consent of Lessor, use or permit the use of any apparatus or device in or upon the Premises (including, but without limitation thereto, machines using in excess of 120 volts), which will in any way increase the amount of gas, electricity or water usually furnished or supplied for the use of the Premises as general office space (which, as to electricity consumption, the parties hereby agree to mean not more than three (3) xxxxx per square foot of usable area on a demand load basis); nor will Lessee connect or permit connection of any apparatus or device for the purpose of using gas, electric current or water with electric current, gas or water supply lines, except for electricity through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterrequires water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space (including, gas and/or electric currentwithout limitation, to the extent not separately metered to the Premisesas a result of use at times other than during Building Hours), Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof (which consent may be granted or withheld in Lessor's sole and absolute discretion, except that no such consent shall be required for mere operation by Lessee during times other than Building Hours) and Lessor may cause a water, water or gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay to Lessor, as additional rent rent, promptly upon demand therefor by Lessor, Lessor for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessor hereby represents that the Project is presently serviced by an emergency back-up generator intended to provide electrical service to the Building in the event of power failure, which Lessor hereby represents and warrants to Lessor's actual knowledge to be in good operating condition; provided that Lessor makes no representation whether such back-up generator shall be sufficient for Lessee's needs in the event of a power failure. Any connection by Lessee of Lessee's critical electrical systems to such emergency back-up generator shall notbe subject to Lessor's reasonable approval (including, without Lessor’s prior written consentlimitation, use any machines or equipment which can exceed the as to manner of connection and capacity of any utility facilities now located systems within the Premises or the Buildingrequired to be serviced by such generator). If requested by Lessee requires additional capacityat least one (1) business day in advance, Lessee heating, ventilation and air conditioning ("HVAC") service shall request Lessor be provided to provide such capacitythe Premises other than during Building Hours (for a minimum period of three (3) consecutive hours at a time, except for after-hours HVAC service immediately following Building Hours, at which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnishedtime the minimum period shall be one (1) hour), provided that Lessee shall pay on demand and to Lessor for each such hour of HVAC service during non-Building Hours, the then prevailing charge by Lessor for such service (which shall equal Lessor's determination in Lessor's sole business judgment of the actual cost of providing such non-Building Hours HVAC service, including, without limitation, a reasonable administrative charge), which is presently Twenty-Five Dollars ($25.00) per hour per zone (the parties hereby acknowledge that there are two (2) zones for purposes hereof per each floor of the Building). Amounts payable by Lessee hereunder shall be paid as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costswithin thirty (30) days following Lessee's receipt of Lessor's billing therefor.

Appears in 2 contracts

Samples: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)

Services and Utilities. Lessee Provided that Tenant is not in default 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 Building or Project, (ii) applicable governmental rules, regulations and guidelines, and (iii) the rules or actions of the 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 use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay during Landlord's charges therefrom demand as additional rent hereunder. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or Tenant's property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises that 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 as additional rent hereunder. Tenant shall not, without the foregoingwritten consent of Landlord, 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 in Landlord's sole discretion. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office (as determined in Landlord' s sole discretion), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reason, to the use thereof in Landlord's sole and Lessor absolute discretion. Landlord may cause have installed a water, gas meter water or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such usewater or electricity consumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected 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 good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed a manner that such services are customarily furnished to comparable office buildings in the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 2 contracts

Samples: Office Suite Lease Agreement (High Desert Holding Corp.), Office Suite Lease Agreement (High Desert Holding Corp.)

Services and Utilities. Lessee 9.01 Utilities --------- (a) Tenant shall be solely responsible for supplying all utilities, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay during the Lease Term (for, as and prior to delinquency) when they fall due, all charges for costs of supplying hot and cold water, electricity, fuel, gas, light steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, without limitationbut not limited to telephone installation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer meters and all other work, services supplied and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to , or (iii) the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack configuration of partitions or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to other items on the Premises, Lessee shall first procure or (iv) the written consent failure of LessorTenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, which Lessor may refuse interferes with or impairs the functioning of equipment for any reason, to the use thereof and Lessor may cause a water, gas meter heating or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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 cooling of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsPremises.

Appears in 2 contracts

Samples: Lease Agreement (SMTC Corp), Lease Agreement (SMTC Corp)

Services and Utilities. Lessee 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 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 the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay during Landlord's actual costs therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 foregoingwritten consent of Landlord, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 2 contracts

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

Services and Utilities. Lessee shall pay during (a) Tenant will not without the Lease Term (and prior to delinquency) all charges for waterwritten consent of Landlord use any apparatus or device in the Premises, gas, light (including, without limitation, replacement ballastselectronic data processing machines, tubes punch card machines, and bulbs)machines using excess lighting or using in excess of 110 volts, heatwhich will in any way increase the amount of gas, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services electricity or water usually furnished or supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for use of the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not as general office space; nor connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee shall first procure or water pipes or gas outlets, any apparatus or device for the written consent purpose of Lessorusing gas, which Lessor may refuse electrical current or any other resource in excess of that usually furnished or supplied for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in of the Premises so as general office space. Tenant shall notify Landlord of the use thereof. Tenant shall bear and pay upon written demand any additional expense related to any Utilities that are in excess of ordinary office requirements. In the event that Landlord installs special metering or other similar equipment to measure such excess usage, Tenant shall be responsible for all costs of such equipment, its installation, maintenance, repair, and/or replacement, and other expenses related thereto. (b) Other than as provided in Section 19 herein, Landlord shall promptly notify Tenant in writing of any anticipated material interruption of utilities or services due to, among other things, repairs, maintenance or the like. To the extent that Landlord has control over the timing of the interruption, Landlord will coordinate a mutually agreeable time with Tenant. Landlord will use its reasonable efforts to minimize the amount of watertime of any interruption of services. (c) Except as specifically set forth herein, Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, any other accidents or other conditions unless directly resulting from Landlord’s intentional misconduct, financial malfeasance or inability, or negligence, or (ii) the limitation, curtailment, rationing or restriction by governmental authority or imposed by the utility supplier on use of water or electricity, gas and electric current consumed for or any such use. The cost other form of energy or any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public other service or utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within whatsoever serving the Premises or the Building. If Lessee requires additional capacityFurthermore, Lessee Landlord shall request Lessor be entitled to provide such capacitycooperate voluntarily in a reasonable manner with the efforts of national, which request Lessor may refuse state or local governmental agencies or utilities suppliers in Lessorreducing energy or other resources consumption, so long as Landlord’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand activities do not materially interfere with Tenant’s use of the Premises and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance Common Areas or increase Tenant’s costs.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (SP Plus Corp)

Services and Utilities. Lessee shall pay during the Lease Term (and prior Provided that Tenant is not in default hereunder, Landlord agrees to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered furnish to the Premises. Janitorial services Premises during reasonable hours of generally recognized business days, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises and telephone services required by Lessee janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be arranged liable for, and paid for Tenant shall not be entitled to, any reduction of rental by Lessee. The lack reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoingforegoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall not be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Lessor, which Lessor may refuse for any reasonLandlord, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, Landlord for all such water, gas water and electric current consumed as shown by said metersmeters or estimate, 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsengineer.

Appears in 2 contracts

Samples: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

Services and Utilities. Provided that Lessee shall pay is not in default hereunder and subject to the rules and regulations of the Building of which the Premises are a part, Lessor agrees to furnish to the Premises during the Lease Term hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, other than recognized Building holidays (and prior to delinquency) all charges for watercollectively, gas, light (including, without limitation, replacement ballasts, tubes and bulbs"Building Hours"), heatheating and air-conditioning service which is required in Lessor's good faith judgment for the comfortable use and occupation of the Premises, air conditioningand at all times electricity for normal lighting, power, electricity, telephone, janitorial service, trash pick-up, sewer water and all other services supplied to or consumed on elevator service which are required in Lessor's good faith judgment for the comfortable use and occupation of the Premises. Lessee shall arrange During recognized business days for the Building, and pay for all gas and electricity separately metered subject to the Premises. Janitorial services for reasonable rules and regulations of the Building and Project, Lessor shall furnish to the Premises and telephone the Common Areas, janitorial service consistent with the standards of janitorial service provided to tenants in comparable buildings in the San Mateo/Xxxxxx City area, window washing, fluorescent tube replacement and toilet supplies; provided, however, Lessor shall not be required to provide janitorial services for any portion of the Premises to the extent required as a result of the preparation or consumption of food or beverages (provided that nothing in this paragraph shall be construed as a consent by Lessee Lessor to the preparation or consumption of such food or beverages unless otherwise expressly provided elsewhere in this Lease). Lessor shall also be arranged maintain and paid keep lighted during such hours and after-hours (at levels sufficient for by Lesseeafter-hours usage) the common stairs, common entries and toilet rooms in the Building. The lack or shortage of any service or utility described in this Article due to any cause whatsoever Lessor shall not affect Lessee’s obligations hereunderbe liable for, and Lessee shall faithfully keep and observe all not be entitled to, any reduction of Rentals by reason of Lessor's failure to furnish any of the termsforegoing when such failure is caused by casualty, conditions and covenants Act of this Lease and pay all Rentals due hereunder without diminutionGod, credit accident, breakage, repairs, strikes, lockouts or deductionother labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Lessor. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s 's business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Lessor 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 Lessee to Lessor upon demand by Lessor as additional rent. The costs of all utilities and services furnished by Lessor to Lessee pursuant to this Article 17 which are not specified as being reimbursed or paid directly by Lessee shall be included as items of Building Operating Expenses. Lessee will not, without the prior written consent of Lessor, use or permit the use of any apparatus or device in or upon the Premises (including, but without limitation thereto, machines using in excess of 120 volts), which will in any way increase the amount of gas, electricity or water usually furnished or supplied for the use of the Premises as general office space (which, as to electricity consumption, the parties hereby agree to mean not more than four (4) xxxxx per square foot of usable area on a demand load basis); nor will Lessee connect or permit connection of any apparatus or device for the purpose of using gas, electric current or water with electric current, gas or water supply lines, except for electricity through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterrequires water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space (including, gas and/or electric currentwithout limitation, to the extent not separately metered to the Premisesas a result of use at times other than during Building Hours), Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof (which consent may be granted or withheld in Lessor's reasonable discretion, except that no such consent shall be required for mere operation by Lessee during times other than Building Hours) and Lessor may cause a water, water or gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay to Lessor, as additional rent rent, promptly upon demand therefor by Lessor, Lessor for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. If requested by Lessee in writing at least one (1) business day in advance, heating, ventillation and air conditioning ("HVAC") service shall be provided to the Premises other than during Building Hours (for a minimum period of three (3) consecutive hours at a time, except for after-hours HVAC service immediately following Building Hours, at which time the minimum period shall be one (1) hour), provided that Lessee shall notpay to Lessor for each such hour of HVAC service during non-Building Hours, the then prevailing charge by Lessor for such service (which shall equal Lessor's determination in Lessor's reasonable business judgment of the actual cost of providing such non-Building Hours HVAC service, including, without limitation, costs of maintenance, labor and administration), which is presently Thirty-Five Dollars ($35.00) per hour per zone. Amounts payable by Lessee hereunder shall be paid as additional rent within thirty (30) days following Lessee's receipt of Lessor’s prior 's billing therefor. However, if Lessee requires twenty-four (24) hour per day HVAC service, Lessor shall have the right to install a separate meter, at Lessee's expense, to measure such usage, and Lessee shall be responsible for all costs of such non-Building Hours usage in accordance herewith. Notwithstanding anything to the contrary contained in this Lease, during the Term of the Lease, if Lessee is actually prevented from using all or a material portion of the Premises as a result of an interruption in essential utility services to the Premises which is solely the fault of Lessor or Lessor's employees, agents or contractors, which prevention from use is not cured within seven (7) consecutive days following Lessor's receipt of written consentnotice thereof from Lessee stating Lessee's intent to receive an abatement, use any machines or equipment then monthly Base Rent and Lessee's obligation for payment of Lessee's Percentage Share of Excess Expenses shall thereafter be equitably abated based upon the portion of the Premises which can exceed Lessee is so prevented from using, until and to the capacity extent that Lessee is no longer so prevented from using such portion of any the Premises as a result of the applicable interruption in essential utility facilities now located within services. Notwithstanding the foregoing, the provisions of Article 21 below and not the provisions of this paragraph shall govern in the event of casualty damage to the Premises or Project and the Building. If Lessee requires additional capacity, Lessee provisions of Article 24 below and not the provisions of this paragraph shall request Lessor to provide such capacity, which request Lessor may refuse govern in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsevent of condemnation of all or a part of the Premises or Project.

Appears in 2 contracts

Samples: Office Lease (Netgravity Inc), Office Lease (Doubleclick Inc)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the Lease Term (rules and prior to delinquency) all charges regulations of the Building of which the Premises are a part, electricity for waternormal lighting and fractional horsepower office machines, gasheat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service. Landlord shall also maintain and keep lighted the common stairs, trash pick-up, sewer common entries and all other services supplied to or consumed on toilet rooms in the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for Building of which the Premises are a part. Landlord shall not be liable for, and telephone services required Tenant shall not be entitled to, any reduction of rental by Lessee shall also be arranged and paid for reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by Lessee. The lack accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental related to failure to furnish any of the foregoing. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall not be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, Landlord for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsengineer.

Appears in 2 contracts

Samples: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)

Services and Utilities. Lessee 7.1 Landlord shall pay during furnish Tenant with the Lease Term following services: (1) hot and prior to delinquency) all charges cold water service for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed use in the lavatories on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for each floor on which the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderare located, and Lessee shall faithfully keep and observe all of the termsfor drinking purposes (provided, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor that Landlord shall not be liable under any circumstances for injury required to provide special filtration or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, otherwise provide treatment to the extent not separately metered available tap water in order to make it more desirable to Tenant for drinking or cooking purposes); (2) heat, ventilation and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable Class A office buildings or as required by governmental authority. Tenant, upon such advance notice (which may be telephonic) as is reasonably required by Landlord, shall have the Premises, Lessee right to receive HVAC service during hours other than Normal Business Hours (Tenant shall first procure pay Landlord’s reasonable charge for the written consent of Lessoradditional service, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed charge shall approximate Landlord’s actual expense in the Premises so as to measure the amount of water, gas and electric current consumed for any providing such use. The cost of any such meters and of installation, additional service); (3) maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas Premises or Property as described in Section 9.2 and electric current so consumed. If a separate meter is not installed, to fulfill its obligations in Section 4.3.; (4) elevator services; (5) reasonable quantities of electricity and other utilities to the Premises for general office use; (6) washing of interior and exterior surfaces of exterior windows with reasonable frequency; and (7) such excess cost other services as Landlord reasonably determines are necessary or appropriate for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the BuildingProperty as a Class A office building. 7.2 Tenant’s failure to receive or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause (a “Service Failure”) shall not render Landlord liable to Tenant for damages, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. If Lessee requires additional capacity, Lessee Landlord shall request Lessor use its commercially reasonable best efforts to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and correct the Service Failure as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costssoon as possible.

Appears in 2 contracts

Samples: Sublease Agreement, Landlord's Consent to Sublease (Zymogenetics Inc)

Services and Utilities. Lessee Gas, electric, water and sewage utilities shall pay during be included in and a part of the Lease Term (Monthly Rent Installment; however, if Tenant has equipment that utilizes more utilities than would be required for a normal office setting, Landlord reserves the right to charge Tenant an amount equal to the anticipated additional utility costs. Access to the fiber line and prior other telecommunication services will be contingent upon Tenant paying associated fees. Further charges may be levied for certain services provided with written notice in advance as specified in the Building Services Program. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services may be interrupted by accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services; that any such interruption shall not be deemed an eviction or disturbance of Tenant's right to delinquency) all charges possession, occupancy, and use of the Leased Property or any part thereof, or render Landlord liable to Tenant for damages by abatement of Rent or otherwise, or relieve Tenant from the obligation to perform its covenants under this Lease; and that Landlord shall not be liable to Tenant for any injury, loss or damage occasioned by the bursting, stoppage or leaking of water, gas, light sewer, or other pipes. Landlord shall have no liability to Tenant (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installationliability for consequential damages or loss of business income or opportunity) arising out of, operationresulting from, repair and maintenance costsor related to any such interruption of services provided herein.

Appears in 2 contracts

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

Services and Utilities. Lessee (a) Landlord shall pay maintain the Building Common Areas, the common areas of the Office Park, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in reasonably good order and condition, except for damage occasioned by the act of Tenant, which damage Landlord shall repair at Tenant's expense. (b) Provided Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the Premises janitorial services during the Lease Term (times and prior to delinquency) all charges for waterin the manner that such services are, gasin Landlord's judgment, light (includingcustomarily furnished in comparable office buildings in the immediate market area, without limitation, replacement ballasts, tubes elevator service and bulbs), water service. Landlord shall also furnish the Building Common Areas with heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer electric and all other services supplied to or consumed on water required in Landlord's judgment for the use of the Building Common Areas. Landlord shall establish separate electrical service and metering of the Premises. Lessee All electric bills associated with the separate meters shall arrange and pay be sent directly to Tenant for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor payment. (c) Landlord shall not be in default hereunder or be liable under for any circumstances for injury to damages directly or death indirectly resulting from, nor shall the rental herein reserved be abated by reason of, (i) the installation, use or interruption of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or use of any equipment in connection with or incidental to failure to furnish the furnishing of any of the foregoing. Lessee foregoing utilities and services, (ii) failure to furnish, or delay in furnishing, any such utilities or services when such failure or delay shall not connect be caused by acts of God or permit connection with electric currentthe elements, gas labor disturbances of any character, any other accidents or water supply linesother conditions which shall be beyond the reasonable control of Landlord, except through existing electrical outlets, gas lines or water lines, respectively, servicing by the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered making of repairs or improvements to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the Building or to the Office Park, or (iii) the limitation, curtailment, rationing or restriction on use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such waterelectricity, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public or any other form of energy or any other service or utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee whatsoever which shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within serve the Premises or the Building. If Lessee requires additional capacityFurthermore, Lessee Landlord shall request Lessor be entitled to provide such capacitycooperate voluntarily in a reasonable manner with the efforts of national, which request Lessor may refuse state or local governmental agencies or utilities suppliers in Lessor’s sole discretion. If additional capacity is furnishedreducing energy or other resource consumption, Lessee shall pay on demand and as additional rent not to affect the costs thereof, including without limitation installation, operation, repair and maintenance costsTenant's separate meter.

Appears in 2 contracts

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

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours on generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the Lease Term (rules and prior to delinquency) all charges regulations of the Building of which the Premises are a part, electricity for waternormal lighting and fractional horsepower office machines, gasheat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service. Landlord shall also maintain and keep lighted the common stairs, trash pick-up, sewer common entries and all other services supplied to or consumed on toilet rooms in the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for Building of which the Premises are a part. Landlord shall not be liable for, and telephone services required Tenant shall not be entitled to, any reduction of rental by Lessee shall also be arranged and paid for reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by Lessee. The lack accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall not be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises so as Premises, to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent Landlord promptly upon demand therefor by Lessor, Landlord for all such water, gas 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 and additional expense incurred in keeping account of the water, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsengineer.

Appears in 2 contracts

Samples: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)

Services and Utilities. Lessee Beginning on the Premises Delivery Date, Tenant shall pay during promptly pay, as the Lease Term (and prior to delinquency) same become due, all charges for water, gas, light (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, replacement ballasts(a) meter, tubes and bulbs)use and/or connection fees, heathook-up fees, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderstandby fees, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances (b) penalties for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premisesdiscontinued interrupted service. If Lessee should require additional water, gas and/or electric current, to the extent any utility service is not separately metered to the Premises, Lessee then Tenant shall first procure pay its pro rata share of the written consent cost of Lessorsuch utility service with all others served by the service not separately metered. However, which Lessor if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service (whether or not separately metered), then Landlord, at its election, may refuse for any reason(i) periodically charge Tenant, as Additional Rent, a sum equal to Landlord's reasonable estimate of the cost of Tenant's excess use thereof and Lessor may cause of such utility service, and/or (ii) install, at Tenant's expense, a water, gas separate meter or electric current meter to be installed in the Premises so as to measure the utility service supplied to the Premises. 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 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 (1) an interruption of the Project services occurs, (2) such interruption prevents Tenant from occupying, and Tenant does not occupy, all or a material portion of the Premises for the Permitted Use for a period of at least seven (7) consecutive days, and (3) such interruption was caused solely by the negligence or willful misconduct of Landlord, its agents or employees, then monthly Rent shall thereafter be abated until the earlier of (i) the date on which such interruption ceases or (ii) the date on which Tenant resumes occupying all or a material portion of the Premises. Such abatement shall be in proportion to the ratio that the amount of waterrentable square feet of the Premises that Tenant is prevented from occupying and does not occupy for the Permitted Use bears to the total rentable square feet of the Premises; provided, gas however, that if the portion of the Premises that Tenant is prevented from occupying and electric current consumed does not occupy for any such use. The cost the Permitted Use is so significant as to prevent Tenant from conducting business in the Premises, then the full amount of any such meters and of installation, maintenance and repair thereof monthly Rent shall be paid for abated during the abatement period described in the preceding sentence. Tenant acknowledges and agrees that the abatement set forth in this Section shall be its sole remedy in the event of a cessation or interruption in the provision of Project services, and Tenant shall not have any right to offset or deduct any costs or expenses incurred by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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 Tenant in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsconnection therewith against Rent.

Appears in 2 contracts

Samples: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)

Services and Utilities. Lessee Landlord shall pay during not be obligated to furnish to the Lease Term (and prior to delinquency) all charges for water, gas, light Premises any services or utilities (including, without limitation, replacement ballasts, tubes and bulbsjanitorial services), heatand Tenant shall contract directly with the providers of all services and utilities Tenant desires to receive at the Premises, air conditioningat Tenant’s sole cost and expense. Tenant shall have the right to add alternative electricity sources such as additional solar panels, powerthe installation of which shall be subject to Section 3.4. Landlord is not responsible for the furnishing of, electricityor any interruption, telephonediminishment or termination of, janitorial serviceservices or utilities, trash pick-upwhether due to the application of Laws, sewer the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, or utility interruptions, and no such interruption, diminishment, or termination shall render Landlord liable to Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any covenant or agreement. Except as expressly set forth in Article 9, below, Landlord shall in no event be required under any provision of this Lease or applicable Law to maintain or repair or to make any alterations, rebuildings, replacements, changes, additions or improvements on or off the Premises during the Term of this Lease. Tenant acknowledges that it shall be responsible for providing and procuring all other services supplied necessary to or consumed its operations in and on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack If Tenant (or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurringparty claiming by, through or under Tenant) pays directly to the provider for any energy consumed at the Buildings, Tenant, promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any data about consumption that Landlord, in connection with its reasonable judgment, is required to disclose to a prospective buyer, tenant or incidental mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to failure to furnish any make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the foregoingCalifornia Civil Code or any similar or successor laws now or hereinafter in effect. Lessee At Landlord’s request, Tenant shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing provide Landlord information regarding Tenant’s energy usage at the Premises. If Lessee should require additional water, gas and/or electric current, Premises from time to time (provided that Landlord shall hold such information confidential to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter Landlord is not installedrequired to disclose such information pursuant to Applicable Law, nothing in this sentence being deemed to prohibit Landlord from utilizing such excess cost for such waterinformation to make public statements about the sustainability profile or “green” nature of Landlord, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall notLandlord’s affiliates, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsproperties).

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Ionis Pharmaceuticals Inc), Lease Agreement (Ionis Pharmaceuticals Inc)

Services and Utilities. Lessee Tenant shall pay during promptly pay, as the Lease Term (and prior to delinquency) same ---------------------- become due, all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial sewer service, trash waste pick-upup and any other utilities, sewer materials and all other services supplied furnished directly to or consumed used by Tenant on or about the Premises. Lessee shall arrange 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 pay for all gas and electricity separately metered water service available to the Premises. Janitorial services for Premises as of the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderCommencement Date), and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances (ii) penalties for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premisesdiscontinued interrupted service. If Lessee should require additional water, gas and/or electric current, to the extent any utility service is not separately metered to the Premises, Lessee then Tenant shall first procure pay its pro rata share of the written consent cost of Lessorsuch utility service with all others served by the service not separately metered. However, which Lessor if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service not separately metered. then Landlord at its election may refuse for any reason(i) periodically charge Tenant, as Additional Rent, a sum equal to Landlord's reasonable estimate of the cost of Tenant's excess use thereof and Lessor may cause of such utility service, or (ii) install, at Tenant's expense, a water, gas separate meter or electric current meter to be installed in the Premises so as to measure the amount utility service supplied to the Premises. Any interruption or cessation of waterutilities resulting from any causes, gas including any entry for repairs pursuant to this Lease, and electric current consumed for any such use. The cost renovation, redecoration or rehabilitation of any area of the Project shall not render Landlord 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, in the event that an interruption of the Project services causes the Premises (or any portion thereof) to be untenantable for a period of at least five (5) consecutive business days, and such meters and interruption was caused by the negligence or willful misconduct of installationLandlord or its agents, maintenance and repair thereof employees or contractors, then monthly Rent shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged proportionately abated for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account untenantable portion of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsPremises.

Appears in 2 contracts

Samples: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)

Services and Utilities. Lessee Tenant shall make all arrangements for and pay during the Lease Term (for all utilities and prior services furnished to delinquency) all charges for wateror used by it, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, powergas, electricity, telephoneheating, janitorial air conditioning and other ventilation, janitorial, water, sewage, telephone service, trash pick-upcollection, sewer including any taxes thereon, and for all connection charges, except for those utility and services Landlord is to acquire for the account of the tenants to service the Common Area. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other services utility) to the Common Areas of the Building and Project], and, in such event, Tenant shall pay for electric current (or such other utility) 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 (or such other utility) shall be measured in the manner set forth above 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 switch providers of any such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the electric (or consumed on other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Lessee Notwithstanding anything herein to the contrary, the Premises / Building shall arrange be separately metered, and Tenant shall contract for, and pay for directly for, such utilities. 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 gas losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s electricity separately metered provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises. Janitorial services for , as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the Premises and telephone services required by Lessee Tenant or Tenant’s electricity provider. Landlord shall also not be arranged and paid in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by Lessee. The lack reason of, (a) the installation, use or shortage interruption of use of any service or utility described equipment in this Article due to connection with the furnishing of any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the termsforegoing services, conditions and covenants (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 Lease and pay all Rentals due hereunder without diminutionLandlord, credit or deductionby the making of necessary repairs or improvements to the Premises, Building or Project, (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. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or through, in connection with or incidental to the failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsservices.

Appears in 1 contract

Samples: Lease Agreement (Optelecom-Nkf, Inc.)

Services and Utilities. Lessee Provided that Tenant is not in default 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 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 the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay during Landlord's actual costs therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 foregoingwritten 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 general office space. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas water and electric current consumed as shown by said meters, 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Landlord shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Lease Agreement (Webvan Group Inc)

Services and Utilities. Lessee shall pay during the Lease Term (Provided that Tenant is not in default hereunder and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered subject to the Premises. Janitorial services rules and regulations of the Building, Landlord shall furnish to the premises electricity for normal lighting and fractional horsepower office machines, heating and air conditioning required in Landlord's judgment for the Premises comfortable use and telephone services required by Lessee occupation of the premises and janitorial services, five days per week, Monday through Friday (except for holidays). Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building of which the premises are a part except for damage occasioned by the act of Tenant, which damage shall be arranged repaired by Landlord at Tenant's expense. Landlord shall not be liable for, and paid for Tenant shall not be entitled to, any reduction of rental by Lessee. The lack reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however however, occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee Wherever machines or Illegible ---------- Initials equipment are used in the premises which generate heat or affect the temperature otherwise maintained by the air conditioning system, or are an abnormal burden upon such system, Landlord reserves the right, but shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric currenthave no obligation, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed install supplementary air conditioning units in the Premises so as to measure premises and the amount of watercost thereof, gas and electric current consumed for any such use. The including the cost of any such meters and of installation, and the cost of operation and maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees Tenant to pay Lessor, as additional rent promptly Landlord upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsLandlord.

Appears in 1 contract

Samples: Lease Agreement (Medicode Inc)

Services and Utilities. Lessee Landlord shall pay during the Lease Term (provide and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services install a separate electric meter for the Premises and telephone services 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 Lessee Landlord shall also be arranged require Landlord's advance written permission and paid for by Lessee. The lack or shortage the costs of any such increase of electric service or utility described in this Article due to any cause whatsoever shall be the responsibility of Tenant. Tenant shall not affect Lessee’s obligations hereunderconnect 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 Lessee janitorial service, exterior window-washing, HVAC equipment & filter maintenance services as required in Landlord's judgement and as customarily furnished at comparable office R & D buildings in the area. Tenant shall faithfully keep and observe all not consume any of the termsabove services or utilities in excess of 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 common areas of the Project, conditions including parking areas, building entries, lobbies, corridors, staircases, and covenants restrooms, and Landlord shall furnish restroom supplies and lightbulb replacement for Building Standard (i.e. Landlord installed) light fixtures 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 this Lease and pay all Rentals due hereunder without diminution(i) the installation, credit use or deductioninterruption 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, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Lessor Landlord shall not be liable under any circumstances circumstances, unless directly attributable to Landlord's wrongful or negligent acts, for injury to or death of or the loss or damage to persons or Tenant's property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish or delay in the furnishing of any of the foregoingforegoing services or utilities. Lessee Tenant shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing arrange for the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not initiation of service for any separately metered utilities to the Premises, Lessee shall first procure including telephone service, directly with the written consent of Lessorappropriate utility vendor or supplier, which Lessor may refuse for and all billing invoices, security deposits, and any reason, other charges relating to the use thereof initiation and Lessor may cause a water, gas meter or electric current meter to continued provision of such separately metered utilities and telephone service shall be installed the responsibility of and in the Premises so as to measure the amount name of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsTenant.

Appears in 1 contract

Samples: Office R&d Lease (Protein Polymer Technologies Inc)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder beyond any applicable cure period, Landlord agrees to furnish to the Premises during the Lease Term hours of 6:00 a.m. to 6:00 p.m. Monday through Friday (excluding holidays) and prior 8:30 a.m. to delinquency) all charges for water, gas, light 2:30 p.m. Saturday (including, without limitation, replacement ballasts, tubes and bulbs"Building Hours"), heatand subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting, personal computers, printers, fax machines and copy machines typically used in a professional office of the same size as the Premises, and fractional horsepower office machines, heat and air conditioningconditioning required in Landlord's good faith judgment for the comfortable use and occupation of the Premises, power, electricity, telephone, and janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee Janitorial service shall arrange and pay for all gas and electricity separately metered be provided to the Premises. Janitorial services for Premises five (5) days per week, excluding holidays, and excluding those portions of the Premises as to which access is prevented by Tenant (e.g., Tenant's vaults or the special security areas designated by Tenant (such vault and telephone services required security areas to be approved by Lessee Landlord so as to not interfere with Landlord's access to the Building structure or utility systems)) During the term of this Lease, Landlord shall maintain the quality of said janitorial service that is in effect as of the Commencement Date. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be arranged in default hereunder, or be liable for any damages directly or indirectly resulting from, and paid for Tenant shall not be entitled to, any reduction of rent by Lessee. The lack reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessconsequential damages, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect Wherever heat generating machines or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed equipment are used in the Premises so as which affect the temperature, or if Premises alterations (whether consented to measure or performed by Landlord or not) adversely affect Premises heating or cooling, Landlord reserves the amount of waterright to install supplementary climate control equipment and/or rebalance and the cost thereof, gas including operation 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 Lessee and Lessee agrees Tenant to pay Lessor, as additional rent promptly Landlord upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsLandlord.

Appears in 1 contract

Samples: Office Building Lease (Cybergold Inc)

Services and Utilities. Lessee (a) Landlord shall pay during provide the Lease Term maintenance and repairs described in paragraph 7(a), except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant's expense. (b) Subject to the provisions elsewhere herein contained and prior to delinquency) all charges the rules and regulations of the Building, Tenant shall be responsible for arranging for, and direct payment of the cost of, garbage pickup, janitorial, water, electricity, gas, light (including, without limitation, replacement ballasts, tubes telephone and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer any and all other services supplied utilities and services; and, Landlord shall cooperate with Xxxxxx's efforts to or consumed on arrange such services. Xxxxxx agrees at all times to cooperate fully with Landlord and to abide by all the Premises. Lessee shall arrange reasonable regulations and pay for all gas and electricity separately metered to the Premises. Janitorial services requirements which Landlord may prescribe for the Premises proper functioning and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all protection of the termsheating, conditions ventilating and covenants of this Lease and pay all Rentals due hereunder air conditioning system. (c) Tenant will not without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of LessorLandlord, which Lessor may refuse for consent shall not be unreasonably withheld or delayed, use any reason, to the use thereof and Lessor may cause a water, gas meter apparatus or electric current meter to be installed device in the Premises so as which, when used, puts an excessive load on the Building or its structure or systems. (d) Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to measure furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the amount elements, labor disturbances of waterany character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building; or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas and electric current consumed for or any such use. The cost other form of energy or any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public other service or utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within whatsoever serving the Premises or the Building. If Lessee requires additional capacityFurthermore, Lessee Landlord shall request Lessor be entitled to provide such capacitycooperate voluntarily in a reasonable manner with the efforts of national, which request Lessor may refuse state or local governmental agencies or utilities suppliers in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsreducing energy or other resources consumption.

Appears in 1 contract

Samples: Lease Agreement (Ariba Inc)

Services and Utilities. Lessee 5.1 Building Standard Services and Utilities. Subject to the limitations set forth in Section 5.3 below, Landlord shall pay furnish sufficient electric current for lighting and office equipment such as typewriters, calculators, small copiers, desktop personal computers and word processors and similar items. Landlord shall also furnish water for lavatory and drinking purposes, lavatory supplies, fluorescent tube replacements, automatically operated elevator service and nightly cleaning service in accordance with Landlord's prevailing practices (as set forth in Exhibit D attached hereto), as they may be modified from time to time, except that Landlord shall not be responsible for cleaning Tenant's kitchens, private bathrooms, rugs, carpeting (except vacuuming) and drapes. Landlord shall have no liability for and expressly disclaims any responsibility for the engineering, design, installation, provision of or maintenance of Tenant's telecommunications and data transmission systems and the inside wire associated therewith. Landlord further agrees to furnish heating and cooling during the Lease Term (appropriate seasons of the year, between the hours and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premisesdays set forth in Section 1.7 (exclusive of legal public holidays as defined in section 6103(a) and (c) of Title 5 of the United States Code, as it may hereafter be amended, with holidays falling on Saturday observed on the preceding Friday and holidays falling on Sunday observed on the following Monday). Lessee All of the aforesaid services shall arrange and pay for all gas and electricity separately metered be provided without cost to Tenant except as such expenses may be included in calculating Additional Rent pursuant to the Premisesprovisions of Sections 2.2 and 2.3. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish furnish, or for suspension or delay in furnishing, any of such services if such failure, suspension or delay is caused by breakdown, maintenance or repair work, strike, riot, civil commotion, governmental regulations, emergency periods due to weather or any other cause or reason whatever beyond the foregoingreasonable control of Landlord. Lessee Failure, suspension, delay or interruption of services shall not connect result in any abatement of Base Annual Rent or permit connection with electric currentAdditional Rent, gas be deemed an eviction or water supply linesbreach of this Lease (including any express or implied covenant of quiet enjoyment), except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent relieve Tenant of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount performance of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsTenant's obligations under this Lease.

Appears in 1 contract

Samples: Office Building Lease (Net2000 Communications Inc)

Services and Utilities. Lessee shall pay 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Lease Term Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes national and bulbslocal legal holidays), heat, 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, power, electricity, telephone, conditioning required in Landlord’s commercially reasonable judgment 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, trash pick-upif applicable; and, sewer (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 fifteen (15) days of Landlord’s demand, for all other services supplied to or consumed on electricity used by Tenant in the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof charge shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Regardless of the method used to pass the cost of electricity through to Tenant, Tenant shall not be charged for electricity more than the net actual amount Landlord pays for such electricity after any abatement, rebates or other credits. 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 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. Water, heat and air conditioning (subject to the sameterms set forth herein regarding after hours HVAC), plus elevator service and electricity , shall be provided twenty-four (24) hours per day, seven (7) days per week, subject to events outside of the reasonable control of Landlord and the terms of this Lease. 13.2 Should Tenant require any additional expense incurred 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 keeping account of the water, gas and electric current so consumed. If no event at a separate meter is not installed, such excess charge less than Landlord’s actual cost plus overhead for such wateradditional service and, gas and electric current will be conclusively established by an estimate made by where appropriate, a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity reasonable allowance for depreciation of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor systems being used to provide such capacityservice. The current charge for after-hours HVAC service, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnishedsubject to change at any time, Lessee shall pay is specified on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsReference Pages.

Appears in 1 contract

Samples: Lease (Cray Inc)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion(? 30 a.m. - 6:30 p.m. Monday through Friday and 8:00 a.m. - 1:00 p.m. Saturday), 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 and Tenant shall pay during Landlord’s charges therefor on demand (Current charges are $55.00 per hour). Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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. Landlord's Initials Tenant's Initials Tenant shall not, without the foregoingwritten consent of Landlord, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and electric water or electrical current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant’s expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Pacific Coast National Bancorp)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturdays, excluding nationally recognized holidays, 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 and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 foregoingwritten consent of Landlord, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and electric water or electrical current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Centennial First Financial Services)

Services and Utilities. Lessee 13.1 Provided Tenant shall pay not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Lease Term Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbsHolidays), heatthe following services and utilities subject to the rules and regulations of the Building prescribed from time to time, such services to be reasonably commensurate with industry standard for suburban commercial office buildings in the Reston, Virginia submarket, of a similar age, size and quality to the Building: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning, power, electricity, telephone, 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, trash pick-upif applicable; (e) snow removal and pest control; and, sewer and all other services supplied (f) equipment to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered bring to the PremisesPremises electricity for lighting, convenience outlets and other normal office use. Janitorial services for Landlord shall include electricity costs in Expenses. In the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack absence of Landlord’s gross negligence or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderwillful misconduct, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under for, and Tenant shall not be entitled to, any circumstances for injury to abatement or death reduction of or loss or damage to persons or property or damage to Lesseerental by reason of Landlord’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee , 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 connect be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or permit connection with electric currentby any other cause, gas similar or water supply linesdissimilar, except through existing electrical outletsbeyond 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, gas lines or water linesas described above, respectivelyincluding services furnished outside ordinary business hours specified above, servicing the Premises. If Lessee should require additional waterLandlord may, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter on terms to be installed in the Premises so as to measure the amount of wateragreed, gas upon reasonable advance notice by Tenant, furnish such additional service 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 Lessee and Lessee Tenant agrees to pay LessorLandlord such charges as may be agreed upon, as additional rent promptly upon demand therefor by Lessorincluding any tax imposed thereon, for all such water, gas and electric current consumed as shown by said meters, but in no event at the rates charged a charge less than Landlord’s actual cost plus overhead for such services by the local public utility furnishing the sameadditional service and, plus any additional expense incurred in keeping account of the waterwhere appropriate, gas and electric current so consumed. If a separate meter is not installed, such excess cost reasonable allowance for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity depreciation of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor systems being used to provide such capacityservice. The current charge for after-hours HVAC service, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnishedsubject to change at any time, Lessee shall pay is specified on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsReference Pages.

Appears in 1 contract

Samples: Lease Agreement (Talk America Holdings Inc)

Services and Utilities. Lessee shall pay during the Lease Term (a) Tenant agrees to pay, before delinquency, all fees and prior to delinquency) all charges for water, gas, light (includingelectricity, without limitation, replacement ballasts, tubes and bulbs)sewers, heat, air conditioning, power, electricity, telephonerubbish and garbage collection, janitorial service, trash pick-up, sewer service and any and all other services supplied similar charges incurred by Tenant with respect to or consumed on and during its occupancy of the Premises, including but not limited to use, connection, hook-up and standby fees and penalties for discontinued or interrupted service. Lessee Said charges shall be paid directly to the utility or service provider unless Landlord shall, at its option, supply or provide any such utility or service. Tenant may, at its expense, arrange for the installation and operation of T-I lines for use in connection with the operation of Tenant's business. Tenant may, at its expense, install and operate a ventilating and air-conditioning system for the Premises in accordance with code requirements and all of the terms and conditions of this Lease (including but not limited to Paragraph 6(d) above), subject to Landlord's advance written approval of the location of system components and of plans specifically showing structural alterations or additions required by such system (or showing that none are needed). For any and each utility or service supplied or provided by Landlord, Tenant shall pay to Landlord, as additional rent, the charge established by Landlord for all gas and electricity separately metered utilities furnished or services provided to the Premises. Janitorial services for In the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage case of any utility service or provided by Landlord that could be provided directly to Tenant by a local utility described in this Article due company, Landlord warrants that its charge to any cause whatsoever shall Tenant for such utility will not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of exceed the terms, conditions and covenants of this Lease and charge that Tenant would pay all Rentals due hereunder without diminution, credit or deduction. Lessor if such company furnished service directly to Tenant. (b) Landlord shall not be liable for damages, consequential or otherwise, nor shall there be any rent abatement, arising out of any curtailment or interruption whatsoever in utility services; provided, however, that if utilities provided by Landlord are interrupted for a period of more than 48 hours and such interruption is due to Landlord's fault or the failure of equipment under any circumstances Landlord's control, and if the Premises are hereby rendered untenantable for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof intended, then the rents and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof charges due under this Lease shall be paid for by abated during the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public period of utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsinterruption.

Appears in 1 contract

Samples: Office Lease (Smartage Corp)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, Xxxxxxxx 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 and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term common stairs, common entries and restrooms in the Building. Except with respect to the negligence or willful acts of Landlord, its agents or employees, 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, except with respect to the negligence or willful acts of Landlord, its agent or employees or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered Except with respect to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack negligence or shortage willful acts of any service Landlord, its agents or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderemployees, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 foregoingwritten consent of Landlord, which consent shall not be unreasonably withheld 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonnot unreasonably refuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Xxxxxx agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord and Xxxxxx at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any reasonable additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within the Premises or the Buildingsuch meters at its sole cost. If Lessee requires additional capacitythe necessity of such meter installation was solely caused by Tenants non-typical use of the utilities. Landlord shall furnish elevator service, Lessee shall request Lessor lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to provide such capacity, which request Lessor may refuse comparable office buildings in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Money Store Inc /Nj)

Services and Utilities. Lessee Section 8.01. Landlord shall provide a main electrical room in the Building, and Tenant shall make all arrangements for, and shall pay during the Lease Term (all costs of, installation and prior to delinquency) all charges for watersupply of utility facilities, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephonetelephone service, janitorial service, trash pick-up, sewer services and all other services supplied utilities furnished to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services used by it; provided, however, that utilities for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack Common Facilities or shortage of any service or utility described in this Article due which are provided jointly to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all tenants of the terms, conditions and covenants Building shall be provided by Landlord as part of this Lease and pay all Rentals due hereunder without diminution, credit or deductionOperating Expenses. Section 8.02. Lessor Landlord shall not be liable under for any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered provide access to the Premises, Lessee shall first procure to assure the written consent beneficial use of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as or to measure furnish any services or utilities when such failure is caused by natural occurrences, riots, civil disturbances, insurrection, war, court order, public enemy, accidents, breakage, strikes, lockouts, other labor disputes, the amount making of waterrepairs, gas 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 Lessee and Lessee agrees alterations or improvements to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, communication services, labor or other supplies or by any other condition beyond Landlord's reasonable control, and Tenant shall not be entitled to any damages resulting from such failure, nor shall such failure relieve Tenant of the obligation to pay all sums due hereunder or constitute or be construed as a constructive or other eviction of Tenant. If Lessee requires additional capacityany governmental entity promulgates or revises any statute, Lessee shall request Lessor ordinance or building, fire or other code, or imposes mandatory or voluntary controls or guidelines on Landlord or the Building or any part thereof, relating to provide the use or conservation of energy, water, gas, steam, light, communication services or electricity or the provision of any other utility or service provided with respect to this Lease, or if Landlord is required or elects to make alterations to the Building in order to comply with such capacitymandatory or voluntary controls or guidelines, which request Lessor may refuse Landlord may, in Lessor’s its sole discretion, comply with such mandatory or voluntary controls or guidelines, or make such alterations to the Building. If additional capacity is furnishedNeither such compliance nor the making of such alterations shall in any event entitle Tenant to any damages, Lessee shall relieve Tenant of the obligation to pay on demand and any of the sums due hereunder, or constitute or be construed as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsa constructive or other eviction of Tenant.

Appears in 1 contract

Samples: Lease (Magma Design Automation Inc)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during the hours of 7:00 am to 6:00 pm Monday through Friday and 8:00 am to 1:00 pm on Saturdays and subject to the Rules and Regulations of the Building or Project, electricity for light manufacturing and production assembly of medical devices, 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 the Premises. If Tenant desires HVAC at any other time for light manufacturing and production assembly of medical devices, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay during Landlord’s charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 or 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 foregoingPremises, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space and light manufacturing and production assembly of medical devices, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric current meter to be installed electrical outlets in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas water and electric current consumed to 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant’s expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, exterior window washing and janitorial services to the Premises or common areas in a manner that such services are customarily furnished to comparable office buildings in the Buildingarea. If Lessee requires additional capacity, Lessee shall request Lessor Tenant IS responsible for janitorial services to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance coststheir Premises.

Appears in 1 contract

Samples: Office Building Lease (Techniscan)

Services and Utilities. Lessee Tenant shall have access and the ability to turn on electricity and HVAC 24 hours per day, 7 days per week. However, the standard building hours are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturdays from 9:00 a.m. to 1:00 p.m. In event Tenant utilizes after-hours utilities after the above mentioned hours, Tenant shall keep track of the number of hours it utilizes each month and communicate that information to the property manager. The over hours will be taken into consideration in calculating the pro rata share of utility bills to be reimbursed to the Landlord. Provided that Tenant is paying its pro rata share of electricity as outlined in the Addendum, 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 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 and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 foregoingwritten consent of Landlord, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Augment Systems Inc)

Services and Utilities. Lessee shall pay Provided that LICENSEE is not in default hereunder, LICENSOR agrees to furnish to the Premises during business days and hours as herein described, to be determined by LICENSOR at its sole discretion, and subject to the Lease Term (rules and prior to delinquency) all charges regulations of the County of Fresno, electricity for waternormal lighting, gasequipment usage, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, heat and air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer conditioning required in LICENSOR'S judgment for the comfortable use and all other services supplied to or consumed on occupation of the Premises. Lessee LICENSEE shall arrange and pay notify LICENSOR of times other than normal working hours when the air-conditioning and/or heating will be needed for all gas and electricity separately metered functions under LICENSEE'S jurisdiction. Said notification shall be given at least five (5) working days prior to the Premisesevent. Janitorial services for LICENSOR shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the building of which the Premises and telephone services required by Lessee shall also be arranged and paid for by Lesseeare a part. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor LICENSOR shall not be liable under for, and LICENSEE shall not be entitled to, any reduction of License Fee by reason of LICENSOR'S failure to furnish any of the foregoing when the 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 LICENSOR. LICENSOR shall not be liable in any circumstances for a loss or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to the failure to furnish any of the foregoing. Lessee Wherever heat generating equipment is used at the Premises which affect the temperature otherwise maintained by the air conditioning system, LICENSOR reserves the right to install supplementary air conditioning units on the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall not connect be paid by LICENSEE to LICENSOR upon demand by LICENSOR. furnished or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing supplied for the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to use of the Premises, Lessee LICENSEE shall first procure the written consent of LessorLICENSOR, which Lessor LICENSOR may refuse for any reasonrefuse, to the use thereof and Lessor LICENSOR may cause a water, gas water meter or electric current electrical meter to be installed in on the Premises Premises, so as to measure the amount of water, gas 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 Lessee LICENSEE and Lessee LICENSEE agrees to pay Lessor, as additional rent to LICENSOR promptly upon demand therefor thereof by Lessor, LICENSOR for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost costs for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith engineer. Telephones shall be provided and paid for by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsLICENSEE.

Appears in 1 contract

Samples: License Agreement

Services and Utilities. Lessee Provided that Tenant is not in default 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 Building or Project, electricity for normal desktop 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. Landlord shall pay during also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 the foregoinginstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Lessee *See addendum paragraph 8 services and utilities. Nothing contained in this Article shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. If Lessee should require additional waterIn the event utilities are separately metered, gas and/or electric current, to the extent not separately metered to the Premises, Lessee Tenant shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current utilities consumed as shown by said meters, at the utility rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred by Landlord in keeping account of the water, gas and electric current utilities so consumed. If a separate meter is not installed, such excess cost Tenant shall be responsible for such water, gas the maintenance and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Sublease (Aurum Software Inc)

Services and Utilities. Lessee Landlord shall pay during not be obligated to furnish to the Lease Term (and prior to delinquency) all charges for water, gas, light Premises any services or utilities (including, without limitation, replacement ballasts, tubes and bulbsjanitorial services), heatand Tenant shall contract directly with the providers of all services and utilities Tenant desires to receive at the Premises, air conditioningat Tenant’s sole cost and expense. Tenant shall have the right to add alternative electricity sources such as additional solar panels, powerthe installation of which shall be subject to Section 3.4. Landlord is not responsible for the furnishing of, electricityor any interruption, telephonediminishment or termination of, janitorial serviceservices or utilities, trash pick-upwhether due to the application of Laws, sewer the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, or utility interruptions, and no such interruption, diminishment, or termination shall render Landlord liable to Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any covenant or agreement. Except as expressly set forth in Article 9, below, Landlord shall in no event be required under any provision of this Lease or applicable Law to maintain or repair or to make any alterations, rebuildings, replacements, changes, additions or improvements on or off the Premises during the Term of this Lease. Tenant acknowledges that it shall be responsible for providing and procuring all other services supplied necessary to or consumed its operations in and on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack If Tenant (or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurringparty claiming by, through or under Tenant) pays directly to the provider for any energy consumed at the Building, Tenant, promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any data about consumption that Landlord, in connection with its reasonable judgment, is required to disclose to a prospective buyer, tenant or incidental mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to failure to furnish any make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the foregoingCalifornia Civil Code or any similar or successor laws now or hereinafter in effect. Lessee At Landlord’s request, Tenant shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing provide Landlord information regarding Tenant’s energy usage at the Premises. If Lessee should require additional water, gas and/or electric current, Premises from time to time (provided that Landlord shall hold such information confidential to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter Landlord is not installedrequired to disclose such information pursuant to Applicable Law, nothing in this sentence being deemed to prohibit Landlord from utilizing such excess cost for such waterinformation to make public statements about the sustainability profile or “green” nature of Landlord, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall notLandlord’s affiliates, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsproperties).

Appears in 1 contract

Samples: Lease Agreement (Ionis Pharmaceuticals Inc)

Services and Utilities. Lessee Provided that Tenant is not in material monetary default 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 Building or Project, electricity for normal desk top office equipment and normal copying equipment equipment consistent With Tenant’s current use of the 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 use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay during Landlord’s charges therefor on demand following rendition of an invoice, but not to exceed $50.00 per hour per floor in the Lease Term multi-tenant (South) building. In the single tenant (North) building, any after hours electricity and prior HVAC cost incurred as a result of Tenant’s after hours use shall be billed at Landlord’s actual cost to delinquencythe Tenant in the form of excess operating expenses for that building. 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) all charges for waterthe installation, gasuse or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, light (includingii) 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, without or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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. 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 foregoingPremises, 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. Lessee Tenant shall not, without the written consent of Landlord, not to be unreasonably withheld, 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 reasonably determined by Landlord. Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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 reasonably determined by Landlord), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and electric water or electrical current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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 actual expense incurred in keeping account of the water, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant’s expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional actual expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Buildingarea. If Lessee requires additional capacity, Lessee Janitorial services shall request Lessor be contracted for pursuant to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsspecifications acceptable to Tenant.

Appears in 1 contract

Samples: Office Building Lease (Realogy Corp)

Services and Utilities. Lessee 17.a. Provided that Tenant is not in default hereunder, except as otherwise specifically provided herein, Landlord shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-upgas, sewer and all other services supplied electricity. In particular, Landlord agrees to or consumed on provide for the Premises during reasonable hours of generally recognized business days, as determined by Landlord in its sole reasonable discretion and subject to the Rules and Regulations of the Building, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's reasonable judgement for the comfortable use and occupation of the Premises. Lessee Landlord shall arrange be responsible for trash and pay for all gas snow removal and electricity separately metered to the Premises. Janitorial services janitorial service for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lesseecommon areas. The lack or shortage of any service or utility described in this Article due to any cause whatsoever Landlord shall not affect Lessee’s obligations hereunderbe liable for, and Lessee Tenant shall faithfully keep and observe all not be entitled to, any damages or any reduction of rental by reason of Landlord's failure to furnish any of the termsforegoing when such failure is caused by accident, conditions and covenants breakage, repairs, strikes, lockouts, or any other cause which is beyond the reasonable control of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of profits or consequential damages or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or which is incidental to failure to furnish any of the foregoing. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance, shall not be paid by Tenant to Landlord upon demand. 17.b. Tenant shall not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, but without 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 usually furnished or supplied for the use of the Premises as general office space; nor connect any apparatus or permit connection device with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant requires water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, gas and/or electric current, to the extent not separately metered to the Premises, Lessee Tenant shall first procure the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas water and electric current consumed for any such use. The cost of any such meters and of the installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay LessorLandlord, as additional rent promptly upon demand therefor by Lessortherefor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith or by Lessorthe mutual agreement of the parties. 17.c. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed pay all charges for telephone service. Tenant shall be responsible for the capacity normal maintenance and upkeep of any utility facilities now located within the Premises or and for all janitorial services to the Building. If Lessee requires additional capacityPremises and agrees to keep the Premises in a good, Lessee shall request Lessor to provide such capacityclean, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnishedsafe, Lessee shall pay on demand and as additional rent sanitary condition during the costs thereof, including without limitation installation, operation, repair and maintenance coststerm of this Lease.

Appears in 1 contract

Samples: Office Building Lease (Schimatic Cash Transactions Network Com Inc)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole descretion, and subject to the Lease Term (rules and prior to delinquency) all charges regulations of the Building of which the Premises are a part, electricity for waternormal lighting and fractional horsepower office machines, gasheat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service. Landlord shall also maintain and keep lighted the common stairs, trash pick-upcommon entries, sewer and all other services supplied to or consumed on toilet rooms in the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for Building of which the Premises are a part. Landlord shall not be liable for, and telephone services required Tenant shall not be entitled to, any reduction of rental by Lessee shall also be arranged and paid for reason of Landlord's failure to furnish any of the foregoing when such failure is caused by Lessee. The lack accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurringoccuring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall not be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor therefore by Lessor, Landlord for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsengineer.

Appears in 1 contract

Samples: Lease Agreement (Sionix Corp)

Services and Utilities. Lessee Tenant shall pay during the Lease Term (and prior to delinquency) for all charges for water, gas, light (heat, air conditioning or other ventilation, light, power, sewer charges, telephone installation and service charges, garbage and trash collection, and for all other services and utilities supplied to the Premises, together with any tax, excise or surcharge thereon. If any such services are not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other tenants or which are furnished and paid for by Landlord. If Tenant’s utility or service requirements increase over its requirements as of the Commencement Date, Tenant shall be required to pay the increased cost of such utilities or services. If Landlord is required to construct new or additional utility installations, including, without limitation, replacement ballastswiring, tubes plumbing, conduits and bulbs)mains, heatresulting from Tenant’s changed or increased requirements. Tenant shall on demand pay to Landlord, air conditioningin advance of installation, powerthe total cost of such installation. If applicable, Landlord shall also provide tenant interface with the telephone network at the demarcation point supplied by the regulated public utility and supply cable pairs in an amount consistent with the engineering standards to which the Building was designed, all in accordance with Section 38. hereof. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Shopping Center, and, in such event, Tenant shall pay for electric current (or such other utility) 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 (or such other utility) shall be measured in the manner set forth above 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 switch providers of any such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. 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 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. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall Rent xxxxx 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, or by the making of necessary repairs or improvements to the Premises, Shopping Center or Complex, or (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises, Shopping Center or Complex, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Shopping Center or Complex. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or through, in connection with or incidental to the failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsservices.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the Lease Term (rules and prior to delinquency) all charges for waterregulations of the Building of which the Premises are a part, gas, light (includingelectricity for normal lighting and fractional horsepower office machines, without limitationheat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service. Landlord shall also maintain and keep lighted the common stairs, trash pick-up, sewer common entries and all other services supplied to or consumed on toilet rooms in the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for Building of which the Premises are a part. Landlord shall not be liable for, and telephone services required Tenant shall not be entitled to, any reduction of rental by Lessee shall also be arranged and paid for reason of Landlord's failure to furnish any of the foregoing when such failure is caused by Lessee. The lack accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall not be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, Landlord for all such water, gas 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 plus, any additional additional. expense incurred insured in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsengineer.

Appears in 1 contract

Samples: Office Building Lease (Industrial Training Corp)

Services and Utilities. Lessee Provided that Tenant is not in default 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 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 notice from Tenant and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premisessuch services. If Lessee should require additional waterTenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, gas and/or electric currentLandlord 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 the extent not separately metered to the PremisesLandlord upon demand by Landlord. Tenant shall not, Lessee shall first procure without the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consentLandlord, use any machines apparatus or equipment which can exceed device in the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.Premises,

Appears in 1 contract

Samples: Office Lease (Beverage Works Inc)

Services and Utilities. Lessee See Addendum I, Paragraph 49, Service and Utilities Provided that Tenant is not in default 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 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 and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior i) the installation, use or interruption of use of any equipment in connection with the furnishing of any the foregoing services, (ii) failure to delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs of improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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. If Tenant requires the foregoinguse of after hours HVAC and electricity, then Tenant shall reimburse Landlord the actual costs of said after hours usage. Lessee Current estimated costs for HVAC and electricity are $37.00 per hour for 25,000 square feet. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines 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 or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. See Addendum I, Paragraph 42 and 43, Roof Equipment, Generator and Generator Pad Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Lease (Pac-West Telecomm Inc)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion (which are presently from 8:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to 1:00 p.m. on Saturdays, with Sundays and holidays excluded), and subject to the Rules and Regulations of the Building or Project, 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 and Tenant shall pay during Landlord’s charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish, or delay in furnishing, any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project; or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, occurring through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 costs thereof, including the cost of installation, operation, and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord will use all reasonable measures to remedy any and all disruptions associated with the foregoingdelivery of common area utilities in a timely manner. Lessee Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines 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 or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant shall not consume any 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Xxxxxx agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant’s expense. Landlord shall furnish elevator service, common area lighting replacement for building standard lights, common area restroom supplies, window washing and janitor services in good faith by Lessora manner that such services are customarily furnished to comparable office buildings in the area. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee Tenant shall pay on demand a deemed pro-rata share of electrical service equal to One and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsTwenty-Five/100 Dollars ($1.25) per Rentable Square Foot per year.

Appears in 1 contract

Samples: Office Building Lease (Cardio Diagnostics Holdings, Inc.)

Services and Utilities. Lessee (a) Landlord agrees to provide janitorial services for the Premises in accordance with specifications and hours to be agreed upon between Landlord and Tenant. Landlord shall cause electric current, water and sewer and natural gas to be supplied to the Premises and measured by separate meters, with one meter for each utility. Landlord shall furnish such snow removal services to the Premises as may, be reasonably required by Tenant. (b) Tenant hereby agrees to pay during the Lease Term (and prior to delinquency) all charges with respect to electrical service furnished to or used within the Premises as and when due to such electrical provider. (c) Tenant agrees that Landlord shall not be liable for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heatfailure to supply any heating, air conditioning, powerelectrical, electricityjanitorial, telephone, janitorial service, trash pick-up, sewer and all lighting or other services supplied during any period when Landlord uses reasonable diligence to supply such services, or consumed on the Premises. Lessee shall arrange during any period Landlord is required to reduce or curtail such services pursuant to any applicable laws, rules or regulations, now or hereafter in force or effect, it being understood that Landlord may discontinue, reduce or curtail such services, or any of them (either temporarily or permanently), at such times as it may be necessary by reason of accident, unavailability of employees, repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack regulations, or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lesseeother happening beyond the control of Landlord. In the event of any such interruption, reduction or discontinuance of Landlord’s obligations hereunderservices (either temporary or permanent), and Lessee shall faithfully keep and observe all of except for the termsabatement described below, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for injury to or death of or loss or damage damages to persons or property as a result thereof, nor shall the occurrence of any such event in any way be construed as an eviction of Tenant or damage cause or permit an abatement, reduction or setoff of rent, or operate to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish release Tenant from any of Tenant’s obligations hereunder. Notwithstanding the foregoing. Lessee shall not connect , if any utilities are interrupted or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, discontinued due solely to the extent 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 separately metered to use, the PremisesPremises in its entirety as a result of such interruption or discontinuance, Lessee 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 procure occur. (d) Whenever heat generating machines or equipment or excessive lighting (i.e., that which exceeds the written consent of Lessor, typical lighting level used by office tenants in the area in which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed Building is located) are used by Tenant in the Premises so which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises in the event Landlord’s independent consulting engineer determines same are reasonably necessary as to measure a result of Tenant’s use of lights or equipment which generate heat loads in excess of those for which the amount of waterHVAC system is designed and the cost therefor, gas and electric current consumed for any such use. The including the cost of any such meters and of installation, operation and maintenance and repair thereof thereof, shall be paid for prepaid by the Lessee and Lessee agrees Tenant to pay Lessor, as additional rent promptly Landlord upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsLandlord.

Appears in 1 contract

Samples: Lease Agreement (Somanetics Corp)

Services and Utilities. Lessee shall pay during the Lease Term (and prior Lessor agrees to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered furnish to the Premises. Janitorial services , subject to any rules, regulations or other requirements affecting the Building of which the Premises are a part, water and electricity suitable for the Premises intended use of the Building, heat and telephone services air conditioning required by Lessee in Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial services. Lessor shall also be arranged maintain and paid for by Lessee. The lack or shortage keep lighted the common stairs, entries and toilet rooms in the Building of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of which the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionPremises are a part. Lessor shall not be liable for, and there shall be no abatement or reduction of rental or other amounts due by Lessee under this Lease, by reason of Lessor's failure to furnish any circumstances of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any kind or character, or by any other cause, beyond the reasonable control of Lessor. Should water or other utility rationing be imposed on the Building and its occupants, Lessee agrees to be bound by the strict enforcement thereof by Lessor and any enforcement body. Except in the case of Lessor's gross negligence or willful misconduct, Lessor shall not be liable for loss of or injury to person or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing; provided, however, that in no event shall Lessor be liable for special or consequential damages. Lessee shall not connect Wherever heat generating machines or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed equipment are used in the Premises so as to measure which affect the amount of water, gas 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 temperature otherwise maintained by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company air conditioning system or electrical engineer selected loads, Lessor reserves the right to install supplementary air conditioning units in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacityelectrical service, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair the costs of installation and of operation and maintenance coststhereof, shall be paid by Lessee.

Appears in 1 contract

Samples: Lease Agreement (Resourcephoenix Com Inc)

Services and Utilities. Lessee (a) Landlord shall pay during provide the Lease Term maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the act or omission of Tenant or for which Tenant is responsible pursuant to Paragraph 7(c), which damage shall be repaired by Landlord at Tenant's expense. Landlord shall cause the Excluded Space to be provided with necessary utilities and services independently of the Premises and the Building Systems servicing the Premises. (b) Subject to the provisions elsewhere herein contained and prior to delinquency) the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all charges for cost of, garbage pickup, recycling, janitorial, security, transportation management and mitigation programs, water, electricity, gas, light telephone, cable and digital services, and Tenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Section 7(b). Landlord shall cooperate with Tenant's efforts to arrange all such services. If Landlord assumes Tenant's maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building Systems. (c) Unless such apparatus or device in included in Tenant's space plans approved by Landlord, Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, replacement ballastselectronic data processing machines, tubes punch card machines and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to machines using excess lighting or consumed on voltage in excess of the Premises. Lessee shall arrange and pay amount for all gas and electricity separately metered to which the Premises. Janitorial services Building is designed without providing the necessary (in Landlord's reasonable discretion) alteration necessary for the Premises safe and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack adequate operation of said apparatus or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor device. (d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable under for any circumstances damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for injury to in the last sentence of this paragraph, by reason of (i) the installation, use or death interruption of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or use of any equipment in connection with or incidental to the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord (any of the foregoing. Lessee shall not connect , "Force Majeure"), or permit connection with electric currentby the making of repairs or improvements to the Premises or to the Building (except in the case of Landlord's gross negligence or willful misconduct); or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or water supply lines, except through existing electrical outlets, gas lines any other form of energy or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter other service or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within whatsoever serving the Premises or the BuildingProject. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If Lessee requires additional capacitythe Premises become unsuitable for Tenant's use as a consequence of cessation of gas and electric utilities or other services provided to the Premises resulting from a casualty covered by Landlord's insurance, Lessee then Tenant's Monthly Base Rent and Additional Charges shall request Lessor abate during the period of time in which Tenant cannot occupy the Prxxxxxs for the Permitted Uses, but only to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsextent of rental abatement insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Corp)

Services and Utilities. Lessee (a) Landlord shall pay during provide the Lease Term maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the negligent or intentional acts or omissions of Tenant or for which Tenant is responsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord at Tenant’s expense. (b) Subject to the provisions elsewhere herein contained and prior to delinquency) the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all charges for cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, light telephone, cable and digital services, and Tenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). Landlord shall cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building Systems. (c) Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, replacement ballastselectronic data processing machines, tubes punch card machines and bulbsmachines using excess lighting or voltage in excess of the amount for which the Building is designed. (d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building (except in the case of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, heatcurtailment, air conditioning, power, rationing or restriction on use of water or electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to form of energy or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any other service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within serving the Premises or the BuildingProject. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If Lessee requires additional capacitythe Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and electric utilities or other services provided to the Premises resulting from a casualty covered by Landlord’s insurance, Lessee then Tenant’s Monthly Base Rent and Additional Charges shall request Lessor xxxxx during the period of time in which Tenant cannot occupy the Premises for the Permitted Uses, but only to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsextent of rental abatement insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Omnivision Technologies Inc)

Services and Utilities. Lessee shall pay As of the Commencement Date (and, if applicable, during the Lease Term (and prior to delinquency) Early Occupancy Period), Subtenant shall promptly pay, as the same become due, all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial sewer service, trash waste pick-upup and any other utilities, sewer materials and all other services supplied furnished directly to or consumed used by Subtenant on or about the Premises. Lessee shall arrange 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 pay for all gas and electricity separately metered water service available to the Premises. Janitorial services for Premises as of the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderCommencement Date), and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances (ii) penalties for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premisesdiscontinued interrupted service. If Lessee should require additional water, gas and/or electric current, to the extent any utility service is not separately metered to the Premises, Lessee then Subtenant shall first procure pay Subtenant's proportionate share of the written consent cost of Lessorsuch utility service with all others served by the service not separately metered. However, which Lessor if Sublandlord or Landlord reasonably determine that Subtenant is using a disproportionate amount of any utility service not separately metered, then Landlord or Sublandlord at its election may refuse for any reason(i) periodically charge Subtenant, as Additional Rent, a sum equal to Landlord's or Sublandlord's reasonable estimate of the cost of Subtenant's excess use thereof and Lessor may cause of such utility service, or (ii) install, at Subtenant's expense, a water, gas separate meter or electric current meter to be installed in the Premises so as to measure the amount utility service supplied to the Premises. Any interruption or cessation of waterutilities resulting from any causes, gas including any entry for repairs pursuant to this Sublease, and electric current consumed for any such use. The cost renovation, redecoration or rehabilitation of any such meters and area of installationthe Project shall not render Sublandlord or Landlord liable for damages to either person or property or for interruption or loss to Subtenant's business, maintenance and repair thereof nor be construed as an eviction of Subtenant, nor work an abatement of any portion of Rent, nor relieve Subtenant from fulfillment of any covenant or agreement hereof; provided, however, in the event that an interruption of the Project services causes the Premises to be untenantable for a period of at least ten (10) consecutive business days, monthly Rent shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsabated proportionately.

Appears in 1 contract

Samples: Sublease Agreement (Vitria Technology Inc)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the -Premises during the Lease Term generally recognized business days, and during hours determined by Landlord in its sole discretion (which are presently from 9:00 a.m. to 5:00 p.m. on weekdays and prior from 9:00 a.m. to delinquency) all charges for water1:00 p.m. on Saturdays, gas, light (including, without limitation, replacement ballasts, tubes with Sundays and bulbsholidays excluded), heatand subject to the Rules and Regulations of the Building or Project, heating, ventilation and air conditioningconditioning ("HVAC") as required, powerin Landlord's judgment, electricity, telephone, janitorial service, trash pick-up, sewer for the comfortable use and all other services supplied to or consumed on occupancy of the Premises. Lessee It is specifically understood and agreed that Landlord shall arrange and pay for all gas and electricity cause the Premises to be separately metered for the provision of electrical current service, at Landlord's expense, and, if Landlord so requires, Tenant shall cause the electrical utility to establish a separate account, in Tenant's name, for the provision of electricity to the Premises. Janitorial services for the Premises If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and telephone services required by Lessee Tenant shall pay Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be arranged and paid in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by Lessee. The lack reason of (i) the installation, use, or shortage interruption of use, of any service or utility described equipment in this Article due to connection with the furnishing of any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the termsforegoing services; (ii) failure to furnish, conditions and covenants 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 Lease and pay all Rentals due hereunder without diminutionLandlord, credit or deductionby the making of necessary repairs or improvements to the Premises, Building or Project; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, occurring through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 costs 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 foregoingwritten consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 1 20 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant shall not consume any 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed a manner that such services are customarily furnished to comparable office buildings in the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Ampersand Medical Corp)

Services and Utilities. Lessee (a) Landlord shall pay during provide all utility services for the Lease Term Building up to the point of distribution to the Premises. (and prior to delinquencyb) Tenant shall obtain all charges utility services for waterthe Premises, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephonewater, 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 separately submetered. Tenant shall reimburse Landlord on a monthly basis as Additional Rent for Tenant's proportionate share of the cost of such utility service, trash pick-upwhich proportionate share shall be calculated as a fraction, sewer 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 all 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 services supplied tenants which share Tenant's electricity meter, which other tenants have dissimilar uses to or consumed on the Premises. Lessee Tenant's Permitted Use, Landlord shall arrange and pay for all gas and electricity separately metered adjust Tenant's proportionate share accordingly to reflect actual usage to the Premisesextent possible in Landlord's reasonable judgment. Janitorial services for (c) In the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack event of any failure or shortage of interruption in any service or utility described in this Article due to whether caused by breakage, accident, strikes, repairs, failure of fuel supply, or for any other cause whatsoever shall not affect Lessee’s obligations hereunderor causes, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Tenant shall not be liable under entitled to xxxxx Fixed Rent payable hereunder except if, and only if, (i) any circumstances such failure or interruption in service was caused solely by the negligence or willful misconduct of Landlord, (ii) such failure continues for injury 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 or death of or loss or damage Tenant pursuant to persons or property or damage this Paragraph shall be limited to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any the portion of the foregoingPremises affected. Lessee However, in no event shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, Landlord be liable to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse Tenant for any reasonindirect or consequential damages. Notwithstanding the foregoing, Landlord shall use reasonable efforts to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such userestore interrupted service. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs14.

Appears in 1 contract

Samples: Lease Agreement (Ace Hardware Corp)

Services and Utilities. Lessee Provided that Tenant is not in default 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 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 the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 foregoingwritten consent of Landlord, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (New Visual Corp)

Services and Utilities. Lessee Provided that tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord in its sole discretion, and subject to the rules and regulations of the Property which the Premises are a part, electricity for normal lighting and office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall pay during also maintain and keep lighted the Lease Term (and prior to delinquency) Common Areas. The costs for services provided under this Article will be included in the Operating Expenses. Tenant expressly agrees that all charges for waternon-essential electrical devices, gas, light (including, including without limitation, replacement ballastscomputers and printers, tubes shall be turned off at the end of each business day by Tenant Failure to comply with the requirement shall be deemed a material breach of this Lease. Landlord shall not be liable for, and bulbs)Tenant shall not be entitled to any reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident breakage, heatrepairs, air conditioningstrike, power, electricity, telephone, janitorial service, trash pick-up, sewer and all lockouts or other services supplied to labor disturbances or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, unless caused by the intentional misconduct of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, occurring through or in connection with or incidental to failure to furnish any of the foregoing. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air condition units in the Premises and the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by the Landlord. Tenant will not, without consent of Landlord, use any apparatus or device in the premises, including, but not without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space, nor connect or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee any apparatus or devise, for the purpose of using electric current If Tenant shall first procure 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 the prior written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonwithhold in its sole discretion, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor therefore by Lessor, Landlord for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by Landlord based upon an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsengineer.

Appears in 1 contract

Samples: Office Lease (Juina Mining Corp Inc)

Services and Utilities. Lessee Tenant shall pay during the Lease Term (and prior to delinquency) for all charges for water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light (including, without limitation, replacement ballastsbulbs, tubes and bulbs)ballasts, heatbattery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, air conditioningTenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, powerin its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, electricity, telephone, janitorial service, trash pick-upwater, sewer and all or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services supplied to on or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderHowever, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of notwithstanding the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to if the Premises, Lessee shall first procure or a material portion of the written consent Premises, are made untenantable for a period in excess of Lessorten (10) consecutive business days solely as a result of an interruption, which Lessor may refuse for any reasondiminishment or termination of services due to Landlord’s gross negligence or willful misconduct and such interruption, diminishment or termination of services is otherwise reasonably within the control of Landlord to correct (a “Service Failure”), then Tenant, as its sole remedy notwithstanding anything to the use thereof contrary contained herein, shall be entitled to receive an abatement of the Monthly Installment of Rent and Lessor may cause a waterTenant’s Proportionate Share of Expenses and Taxes payable hereunder during the period beginning on the eleventh (11th) consecutive business day of the Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such useabatement shall be equitably prorated. The cost foregoing abatement right shall not apply if the Service Failure is due to fire or other casualty. Instead, in such an event, the terms and provisions of any such meters and of installation, maintenance and repair thereof Article 22 shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsapply.

Appears in 1 contract

Samples: Lease Agreement (Peak International LTD)

Services and Utilities. Lessee shall pay during (a) Subject to the Lease Term provisions of paragraph (and prior to delinquencyc) below, Landlord agrees that all charges for water, sewer, electricity, gas, light telephone and other utilities will be available to the Premises in sufficient quantities to meet Tenant's reasonably anticipated requirements for general office use. (includingb) Tenant agrees to pay directly to the service provider or, without limitationif not separately billed, replacement ballaststo Landlord as additional rent, tubes all water rent and bulbs), heat, air conditioning, power, sewer service charges chargeable to the Building. Tenant shall pay all costs of electricity, telephonegas, janitorial service, trash pick-up, sewer telephone and all other services supplied to utilities used or consumed on the Premisespremises, together with all taxes, levies or other charges on such utilities. Lessee 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 arrange promptly reimburse Landlord therefor. (c) Landlord agrees to provide reasonable roof and pay 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 gas trash and electricity separately metered debris properly stored until picked up at Tenant's expense. (d) 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 of interruption of use of any equipment in connection with the furnishing of any of the 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, or by the making of necessary repairs or improvements to the Premisespremises 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, except in each case to the extent caused by Landlord's negligence and willful acts and that of Landlord's agents, employees, contractors, invitees and licensees. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply linessuch services, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premisescaused by Landlord's negligence and willful acts and that of Landlord's agents, Lessee shall first procure the written consent of Lessoremployees, which Lessor may refuse for any reasoncontractors, to the use thereof invitees and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costslicensees.

Appears in 1 contract

Samples: Office Lease (Neustar Inc)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during the Lease Term generally recognized business days, and during hours determined by Landlord in its sole discretion (which are presently from 9:00 a.m. to 5:00 p.m. on weekdays and prior from 9:00 a.m. to delinquency) all charges for water1:00 p.m. on Saturdays, gas, light (including, without limitation, replacement ballasts, tubes with Sundays and bulbsholidays excluded), heatand subject to the Rules and Regulations of the Building or Project, heating, ventilation and air conditioningconditioning ("HVAC") as required, powerin Landlord's judgment, electricity, telephone, janitorial service, trash pick-up, sewer for the comfortable use and all other services supplied to or consumed on occupancy of the Premises. Lessee It is specifically understood and agreed that Landlord shall arrange and pay for all gas and electricity cause the Premises to be separately metered for the provision of electrical current service, at Landlord's expense, and, if Landlord so requires, Tenant shall cause the electrical utility to establish a separate account, in Tenant's name, for the provision of electricity to the Premises. Janitorial services for the Premises If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and telephone services required by Lessee Tenant shall pay Landlord's charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be arranged and paid in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by Lessee. The lack reason of (i) the installation, use, or shortage interruption of use, of any service or utility described equipment in this Article due to connection with the furnishing of any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the termsforegoing services; (ii) failure to furnish, conditions and covenants 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 Lease and pay all Rentals due hereunder without diminutionLandlord, credit or deductionby the making of necessary repairs or improvements to the Premises, Building or Project; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, occurring through or in connection with or incidental to failure faihze to furnish any such services. If Tenant uses heat generating machines or 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 costs 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 foregoingwritten consent of Landlord, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant shall not consume any 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed a manner that such services are customarily furnished to comparable office buildings in the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Ampersand Medical Corp)

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Services and Utilities. Lessee (a) Landlord shall pay during provide the Lease Term maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the act or omission of Tenant or for which Tenant is responsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord at Tenant’s expense. (b) Subject to the provisions elsewhere herein contained and prior to delinquency) the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all charges for cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, light telephone, cable and digital services, and Tenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). Landlord shall cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building Systems. (c) Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, replacement ballastselectronic data processing machines, tubes punch card machines and bulbsmachines using excess lighting or voltage in excess of the amount for which the Building is designed. (d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building (except in the case of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, heatcurtailment, air conditioning, power, rationing or restriction on use of water or electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to form of energy or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any other service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within serving the Premises or the BuildingProject. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If Lessee requires additional capacitythe Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and electric utilities or other services provided to the Premises resulting from a casualty covered by Landlord’s insurance, Lessee then Tenant’s Monthly Base Rent and Additional Charges shall request Lessor xxxxx during the period of time in which Tenant cannot occupy the Premises for the Permitted Uses, but only to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsextent of rental abatement insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, beyond applicable grace and cure periods, Landlord agrees to furnish to the Premises during generally recognized business days, and during such additional hours as may be 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 and Tenant shall pay during Landlord's charges there or on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project provided that if such services are not provided for a period of five (5) consecutive days, Rent shall thereafter xxxxx until the provision thereof is resumed. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services, unless such failure is not excused under Article 34 and continues for more than thirty (30) consecutive days. If Tenant uses heat generating machines or 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. Subject to Section 8.a. above, Tenant shall not, without the foregoingwritten consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, subject to Section 8.a. above (which permits Tenant to use the use thereof Premises as an optics R&D lab), and Lessor in the event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Lease Agreement (Satcon Technology Corp)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the Lease Term (rules and prior to delinquency) all charges regulations of the Building of which the premises are a part, electricity for waternormal lighting and fractional horsepower office machines, gasheat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building. Landlord shall not be arranged liable for, and paid for Tenant shall not be entitled to, any reduction of rental by Lessee. The lack reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to to, failure to furnish any of the foregoing. Lessee Supplementary air conditioning units will be installed in the premises with the cost of installation and the cost of operation and maintenance thereof to be paid by Tenant to Landlord or public utility upon demand by Landlord or utility. The nature of the business of Tenant is such that the use of electronic and electrical equipment is central to the organization. As a result, Tenant will use an amount of electrical power greater than would be used by some other tenant not engaged in a similar business. Tenant shall not connect or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should Tenant shall require additional waterwater or electric current in excess of that usually furnished or supplied for the use of the Premises in Tenant's normal business operations, gas and/or electric current, to the extent not separately metered to the Premises, Lessee Tenant shall first procure the written consent of LessorLandlord, which Lessor may refuse for any reasonLandlord shall not unreasonably refuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor therefore by Lessor, Landlord for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected engineer. Notwithstanding anything to the contrary contained in good faith by Lessorthis Section 19, Landlord shall install, as a portion of Exhibit A, "Work Agreement," excess air conditioning and electrical distribution equipment for Tenant's heat-generating equipment. Lessee In addition, Landlord shall notprovide separate metering, without Lessor’s prior written consentto the extent feasible, use any machines or equipment which can exceed of electrical consumption in Tenant's Premises, with the capacity intent that Tenant shall determine its own hours and methods of any utility facilities now located within operation and pay for such consumption direct to the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsutility.

Appears in 1 contract

Samples: Office Building Lease (Fair Isaac & Company Inc)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the Lease Term (rules and prior to delinquency) all charges regulations of the Building of which the Premises are a part, electricity for waternormal lighting and fractional horsepower office machines, gasheat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service. Landlord shall also maintain and keep lighted the common stairs, trash pick-up, sewer common entries and all other services supplied to or consumed on toilet rooms in the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for Building of which the Premises are a part. Landlord shall not be liable for, and telephone services required Tenant shall not be entitled to, any reduction of rental by Lessee shall also be arranged and paid for reason of Landlord's failure to furnish any of the foregoing when such failure is caused by Lessee. The lack accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall not 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, 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 or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, Landlord for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsengineer.

Appears in 1 contract

Samples: Lease Addendum (Coast Bancorp)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord (From 7:00 a.m. to 6:00 p.m. Monday - Friday, excluding legal holidays) 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 conditions (“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 (48 hours advance notice) pay during Landlord’s charges (current charge - $ 9.25 per hour) therefore on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephonegas or any Lease: Lake Union Building LLC/Mathsoft, janitorial serviceInc. May 18, trash pick-up, sewer and all 1999 other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises 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 installation, operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall not, without the foregoingwritten consent of Landlord, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant’s expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Insightful Corp)

Services and Utilities. Lessee (a) Landlord shall pay during provide the Lease Term maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the act or omission of Tenant or for which Tenant is responsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord at Tenant's expense. (b) Subject to the provisions elsewhere herein contained and prior to delinquency) the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all charges for cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, light telephone, cable and digital services, and Tenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). Landlord shall cooperate with Tenant's efforts to arrange all such services. If Landlord assumes Tenant's maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building Systems. (c) Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, replacement ballastselectronic data processing machines, tubes punch card machines and bulbsmachines using excess lighting or voltage in excess of the amount for which the Building is designed. (d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building (except in the case of Landlord's gross negligence or willful misconduct); or (iii) the limitation, heatcurtailment, air conditioning, power, rationing or restriction on use of water or electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to form of energy or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any other service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within serving the Premises or the BuildingProject. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If Lessee requires additional capacitythe Premises become unsuitable for Tenant's use as a consequence of cessation of gas and electric utilities or other services provided to the Premises resulting from a casualty covered by Landlord's insurance, Lessee then Tenant's Monthly Base Rent and Additional Charges shall request Lessor abatx xxxing the period of time in which Tenant cannot occupy the Premises for the Permitted Uses, but only to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsextent of rental abatement insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Harmonic Inc)

Services and Utilities. Lessee Provided that Tenant is not in default herewnder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determine-d by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal dE~sk top office equipment and normal copying equipment, and heating, ventilation and air conditioning CWAC") as required in Landlord's judgnnent for the comfortable use and occupancy of the Premises. If Tenant desires HVAC: at any other time, Landlord shall use re~asonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish f urnish any such services. It Tenant uses heat generating machines or 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 installatim, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall not, without the foregoingwritten consent of Landlord, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant shall not consume water or electric current in excess of th ' at usually furnished or supplied for the use of premises as general office space (as determined by Landlord), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the measurethe amount of water, gas and wateror electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Nothing contained in good faith 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, Tenantshall pay promptly upon demand for all utilities consumed at utility rates charged by Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within 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 Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Unify Corp)

Services and Utilities. Lessee shall Tenant agrees and covenants with Landlord to pay during the Lease Term (and prior to delinquency) promptly all charges for water, gas, light electrical and telephone services or charges for telephone connection with Tenant's use of the Premises and to pay such charges promptly upon demand by provider. Landlord shall maintain and keep lighted the common stairs, common entries and common restrooms in the Project. 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 (includingi) the installation, without 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, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services, Tenant shall not, without the written consent of Landlord, use any apparatus or device in the foregoingPremises, 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord shall not unreasonably withhold, and in the event of consent, Landlord may refuse for any reason, to the use thereof and Lessor may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. Notwithstanding the above, Landlord will arrange for separately metering the Premises to accommodate Tenant's electrical requirements in good faith accordance with the mutually agreed upon electrical plan. The cost of the submetering will be at the Landlord'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 Lessorthe local public utility plu~ any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within such meters at its sole cost. Landlord shall furnish, lighting replacement for common area lights, restroom supplies in common area restrooms, and window washing services in a manner that such services are customarily furnished to comparable office buildings in the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (NMXS Com Inc)

Services and Utilities. Lessee (a) The Landlord shall pay furnish to the Premises, during the Lease Term period from 6:00 A.M. to 6:00 P.M. on business days Monday through Friday, excepting federal and state holidays, and subject to the Rules and Regulations of the Building and to federal, state and local codes and directives of governmental agencies or the public utility company furnishing the service, or as otherwise determined by the Landlord, the following: (i) electricity for lighting and prior power suitable for the use of the Premises for general office purposes, which shall be available at all times; provided, however, that Tenant shall not at any time have a connected electrical load for lighting purposes in excess of one (1) watt per square foot of net rentable area of the Premises as determined by Landlord or a connected load for all other power requirements in excess of two (2) xxxxx per square foot of net rentable area of the Premises as determined by Landlord, and the electricity so provided for lighting and power shall not exceed such limits; (ii) heat and air conditioning required in the Landlord's judgment for the comfortable use and occupancy of the Premises for such purposes; (iii) water for restroom and drinking purposes; (iv) elevator service by nonattended automatic elevators for general office pedestrian usage, which shall be available at all times; and (v) janitorial services limited to delinquencyemptying and removal of general office refuse, light vacuuming of floors as needed and window washing as determined by the Landlord. (b) all charges The Landlord shall not be liable for any loss or damage suffered by the Tenant or others by reason of the Landlord's failure to furnish any of the services or utilities referred to in paragraph 18 (a) when such failure is caused by acts of God, accidents, breakage, repairs, strikes, lockouts or other labor disputes, the making of repairs, alterations or improvements to the Premises or the Building, the inability to obtain an adequate supply of fuel, water, gaselectricity, light (labor or other supplies for any other condition beyond the Landlord's reasonable control including, without limitation, replacement ballastsany governmental energy conservation program, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all any such failure shall not constitute or be construed as a constructive or other services supplied to or consumed on eviction of the PremisesTenant. Lessee shall arrange and pay for all gas and electricity separately metered If Tenant's access to the Premises. Janitorial services Premises or use thereof is prevented for more than five (5) working days as a result of any of the above occurrences, then the Rent shall xxxxx beginning upon the 6th working day until Tenant's access to the Premises and telephone services required by Lessee shall also be arranged and paid for by Lesseeis restored. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for loss of business or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoingservices or utilities referred to in paragraph 18(a). Lessee In the event any governmental entity promulgates or revises any statute, ordinance or building, fire or other code, or establishes mandatory or voluntary controls or guidelines applicable to the Property or the Premises or any part thereof or appurtenances thereto, relating to the use or conservation of energy, water, gas, light or electricity, or the reduction of automobile or other emissions, or the provision of any other utility or service provided with respect to this Lease, or in the event the Landlord is required or elects to make alterations to the Building or any other part of the Property in order to comply with such mandatory or voluntary controls or guidelines, or make such alterations to the Building or any other part or said property related thereto, such compliance and the making of such alterations shall in no event entitle the Tenant to any damages, relieve the Tenant of the obligation to pay the full monthly Rent reserved hereunder, or constitute or be construed as a constructive or other eviction of the Tenant. Landlord shall not be obligated to provide or maintain any security patrol or security system. Should Landlord elect to provide such patrol or system, Landlord shall not be responsible for the quality of any such patrol or system which may be provided hereunder, or for damage or injury to Tenant, its employees, invitees or others due to failure, action or inaction of such patrol or system. (c) Without the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant will not use any apparatus or device in the Premises (including, without limitation, air conditioning equipment, condenser pumps and condenser water, electronic data processing machines, punch card machines, CRT (cathode ray tubes) and related equipment, supplementary heating equipment, coffee makers, microwave ovens, fans or copy machines) which will in any way cause the amount of electricity, water, heating, air conditioning or ventilation furnished to the Premises to exceed the amount thereof required for use of the Premises for general office purposes or to exceed any limits established in paragraph 18(a), or connect with electric current (except through existing outlets in the Premises) or permit connection with water pipes any apparatus or device for the purpose of using electric current or water. Landlord acknowledges that Tenant's electrical requirement for the Premises will exceed the amounts set forth in paragraph 18(a). Tenant agrees to either (a) meter and xxxx Landlord for up to 3 xxxxx per square foot, or (b) pay to Landlord any electrical cost above 3 xxxxx per square foot to be calculated based on Tenant's current average consumption and use basis. Landlord and Tenant agree to visit each other after three (3) months to discuss Tenant's electrical usage if any major change in electrical usage occurs. (d) The Tenant shall pay for all services and utilities not required to be furnished by the Landlord pursuant to paragraph 18 (a). If the Tenant shall require water, heat, air conditioning, electric current, gas elevator or water supply linesjanitorial service in excess of that required to be furnished by the Landlord as specified in paragraph 18(a), except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall Tenant must first procure obtain the written consent of Lessor, which Lessor may refuse for any reason, the Landlord to the use thereof and Lessor thereof, which the Landlord cannot unreasonably withhold. If the Landlord consents to an excess use of electriccurrent or water, the Landlord, at its election, may cause a water, gas meter or an electric current or water meter (including, without limitation, any additional wiring, conduit or panel required therefor) to be installed in the Premises so as in order to measure the amount of water, gas and excess electric current or water consumed for any such useby the Tenant. The Tenant agrees to pay to the Landlord upon demand, in addition to the amounts set forth in paragraphs 5.1 through 5.4 of this Lease, the following: the cost of any such meters and all water, heat, air conditioning, electric current, janitorial, elevator or other services or utilities required by and furnished to the Tenant in excess of the services and utilities required to be furnished by the Landlord as provided in paragraph 18(a); the cost of any meter installed in the Premises and the cost of the installation, maintenance and repair thereof shall be paid for thereof; and any cost incurred by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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 Landlord in keeping account of or determining such excess utilities or services furnished to the waterTenant. The cost of the foregoing shall be determined by methods (which may or may not include installation of separate meters as allowed above) and in accordance with rates not in excess of that charged by the applicable utility company. (e) The Landlord makes no representation with respect to the adequacy or fitness of the heating, gas air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of the Tenant other than normal fractional horsepower office equipment, and electric current so consumedthe Landlord shall have no liability for loss or damage suffered by the Tenant or others in connection therewith. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation systems is affected as a separate meter is not installedresult of (i) any lights, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed (including, without limitation, electronic data processing machines) used by the capacity Tenant in the Premises, (ii) the occupancy of any utility facilities now located within the Premises by more than one person per one hundred (100) square feet of net rentable area therein or (iii) an electrical load for lighting and power in excess of that required for general office purposes, the Building. If Lessee requires Landlord shall have the right to install any machinery and equipment which the Landlord deems reasonably necessary to restore temperature balance, including, without limitation, modification to the standard air conditioning equipment, and the cost thereof including, without limitation, the cost of installation and any additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, cost of operation, maintenance or repair incurred thereby, shall be paid by the Tenant to the Landlord upon demand. Prior to the commencement of such work, Landlord shall submit the cost estimate to Tenant and maintenance costsTenant shall have the right to approve such estimate and any amendments thereto. Tenant's approval shall not be unreasonably withheld.

Appears in 1 contract

Samples: Lease (Genesys Telecommunications Laboratories Inc)

Services and Utilities. Lessee 11.1. During the Property business days and hours as established by Landlord from time to time, Landlord shall furnish reasonably adequate water service and heat and air conditioning during such seasons of the year when such services are normally furnished in office buildings in the metropolitan area. Landlord shall provide reasonable evening cleaning and janitorial service to the Premises, Saturdays, Sundays and holidays excluded, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. Tenant shall pay during to Landlord the Lease Term (non-typical costs for special cleaning and prior trash removal. Landlord shall provide reasonable access to delinquency) all charges electric and telephone service. Landlord shall not be liable for, and there shall be no abatement of rent by reason of, failure to furnish, or for waterdelay or suspension in furnishing, gasany services to be provided by Landlord, light (includingcaused by breakdown, without limitationmaintenance, replacement ballasts, tubes and bulbs), and/or repairs or causes beyond Landlord’s control. Tenant shall conserve heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas water and electricity separately metered to and shall use due care in the Premises. Janitorial services for use of the Premises and telephone services required of the public areas in the Property. All thermostats within the Premises shall be under the sole control of Landlord, and Tenant shall not, nor shall it permit any of its employees, agents, representatives, guests or invitees, to open, change or tamper with any thermostats. If permitted by Lessee Law, Landlord shall also be arranged have the right at any time and paid from time to time during the Lease Term, to either contract for by Lesseeservice from a different company or companies providing electricity service, “Alternative Service Provider”. 11.2. As long as space remains available, Landlord agrees to make available for rental to Tenant, lower level storage space, consisting of 226 square feet. Tenant shall pay $9.00 per square foot gross per year for the storage space at such times and in the manner Base Rent is payable pursuant to the terms of this Lease. The lack lease of storage space shall be subject to a separate agreement to be executed by Landlord and Tenant, and is subject to rate increases if the Landlord so determines. Landlord and Tenant agree that upon sixty (60) days written notice to Tenant, Landlord may cancel the storage space agreement. 11.3. Tenant shall have access to the Building and Premises 24 hours per day, seven (7) days per week, 52 weeks per year. Employee access outside of the normal hours of operation for the Building shall be through the issuance of card keys for a designated exterior door. 11.4. Landlord shall provide to Tenant, Tenant employees and customers, free shared in common surface level parking. So long as stalls remain available, Landlord shall make available to Tenant two (2) parking stalls in the underground parking ramp serving the Building for rental by Tenant. The rental rate shall be $80.00 per stall per month and shall be payable at such times and in the manner Base Rent is payable pursuant to this Lease. The lease of the underground parking stalls shall be subject to a separate agreement to be executed by Landlord and Tenant, and are subject to rate increases if the Landlord so determines. 11.5. Landlord reserves the right to impose such security restrictions in the Common Areas as it deems appropriate. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given Instances prevent theft or shortage other criminal’s acts, or ensure safety of persons or property. The risk that any safety or security device, service or utility program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLease. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee Tenant agrees to pay Lessor, as additional rent promptly upon demand therefor cooperate in any reasonable safety or security program developed by Lessor, for all such water, gas and electric current consumed as shown Landlord or required 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsLaw.

Appears in 1 contract

Samples: Lease Agreement (Sten Corp)

Services and Utilities. Lessee Tenant shall pay during be responsible for contracting directly with any applicable public utility company or third party provider for, and shall promptly pay, as the Lease Term (and prior to delinquency) same become due, all charges for for, water, gas, light (electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant at the Building during the Lease Term, including, without limitation, replacement ballasts(i) meter, tubes use and/or connection fees, hook-up fees, or standby fees, and bulbs), heat, air conditioning, power, electricity, telephone, janitorial (ii) penalties for discontinued interrupted service, trash pick-up, sewer and all other services supplied to or consumed on . Tenant's use of electricity shall never exceed the Premises. Lessee shall arrange and pay for all gas and electricity separately metered capacity of the feeders to the PremisesProject or the risers or wiring installations. Janitorial services for Notwithstanding the foregoing, Tenant shall have the right to upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during the Lease Term; provided that, any such upgrades by Tenant shall be performed pursuant to the terms and telephone services required by Lessee shall also be arranged conditions of Article 8 of this Lease. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and paid for by Lessee. The lack any renovation, redecoration or shortage rehabilitation of any service or utility described in this Article due to any cause whatsoever area of the Project, shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be render Landlord liable under any circumstances for injury damages to or death of or loss or damage to persons either person or property or damage for interruption or loss to Lessee’s Tenant's business, however occurringnor be construed as an eviction of Tenant, through nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric currentagreement hereof; provided that, to the extent the cause is the failure of Landlord to observe or perform an obligation of Landlord hereunder and such failure materially adversely affects Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or materially adversely affects Tenant’s parking rights under this Lease, then Landlord shall initiate the cure of such failure, to the extent reasonably possible, promptly after receipt from Tenant of notice of the failure and Landlord, to the extent possible, shall thereafter diligently prosecute said cure to completion. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building ("Tenant Energy Use Disclosure"). Tenant shall reasonably cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) days following request from Landlord, disclose to Landlord all non-proprietary, non-confidential information reasonably requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not separately metered to limited to, the amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, the number of employees working within the Premises, Lessee the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall first procure be provided on a non-confidential basis and may be provided by Landlord to the written consent applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of Lessorany Tenant Energy Use Disclosure. Tenant agrees that none of the "Landlord Parties," as that term is defined in Section 10.1, which Lessor may refuse for below, shall be liable for, and Tenant hereby releases the Landlord Parties from, any reasonand all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this paragraph shall be, to the use thereof best of Tenant's knowledge, true and Lessor may cause a watercorrect in all material respects, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any Tenant acknowledges that Landlord shall rely on such useinformation. The cost terms of any such meters and this paragraph shall survive the expiration or earlier termination of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance coststhis Lease.

Appears in 1 contract

Samples: Office Lease (C3.ai, Inc.)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, Xxxxxxxx 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 and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term common stairs, common entries and restrooms in the Building. Except with respect to the negligence or willful acts of Landlord, its agents or employees, 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered Except with respect to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack negligence or shortage willful acts of any service Landlord, its agents or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderemployees, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the 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 foregoingwritten consent of Landlord, which consent shall not be unreasonably withheld 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonnot unreasonably refuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Xxxxxx agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord and Xxxxxx at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any reasonable additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within the Premises or the Buildingsuch meters at its sole cost. If Lessee requires additional capacitythe necessity of such meter installation was solely caused by Tenants non-typical use of the utilities. Landlord shall furnish elevator service, Lessee shall request Lessor lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to provide such capacity, which request Lessor may refuse comparable office buildings in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Office Building Lease (Money Store Inc /Nj)

Services and Utilities. Lessee shall pay during (a) Subject to all the Lease Term (terms and prior to delinquency) all charges for waterprovisions of this Agreement, gas, light (including, the Port Authority will furnish without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered additional charge to the Premises. Janitorial services for Lessee the Premises following: (1) Heat, ventilation and telephone services required by Lessee shall also be arranged air cooling to maintain in the premises an even and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to comfortable working temperature during normal business hours; (2) To the extent that the Lessee's consumption does not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of feeders, risers or wiring in the premises or Facility, electricity, during normal business hours, in reasonable quantities solely for illumination, by which is meant the energizing of fluorescent and incandescent bulbs (to be supplied, paid for and installed by the Lessee), and for the operation of such machines and equipment as the Port Authority may consent to in advance; and (b) Unless the premises contain toilet and washroom facilities, the Port Authority shall, without additional charge, furnish non-exclusive toilet and washroom facilities for the employees of the Lessee. (c) The Port Authority will supply services in the premises as described in Schedule B attached hereto and hereby made a part hereof. (d) If the Lessee, in accordance with the Section of this Agreement entitled "Construction by the Lessee" or otherwise, erects any utility facilities now located within partitions or makes any improvements which stop, hinder, obstruct or interfere with the Premises cooling of the air or the Buildingheating of the premises, or if the Lessee shall fail to close and keep closed the window coverings when the sun is shining on the windows of the premises, then no such action by the Lessee shall impose any obligations on the Port Authority to install facilities, fixtures or equipment for air-cooling or for heating additional to those existing or presently contemplated or to increase the capacity or output of initially existing facilities, equipment or fixtures and the Lessee shall not in any such event be relieved of any of its obligation hereunder because a comfortable temperature is not maintained. If No consent given by the Port Authority to the erection of partitions or the making of any improvements shall be or be deemed to be a representation that the work consented to will not stop, hinder, obstruct or interfere with either the cooling of the air or heating of the premises or any portion thereof. It is hereby understood further that the installation by the Lessee of any equipment which itself requires air cooling or which requires additional capacityquantities of air cooling at the portion of the premises where such equipment is installed, or the concentration in any portion of the premises of such a number of people so as to require additional quantities of air cooling, shall not impose any obligation on the Port Authority to install facilities, fixtures and equipment for air cooling additional to those initially existing, or to increase the capacity or output of initially existing facilities, equipment or fixtures and the Lessee shall request Lessor to provide such capacity, which request Lessor may refuse not in Lessor’s sole discretion. If additional capacity is furnished, any event be relieved of any of its obligations hereunder. (e) The Lessee shall pay keep closed all entrance doors and all windows in the premises except that doors may be opened when required for ingress or egress. The Lessee shall not otherwise waste or dissipate the air cooling or heating services. Without otherwise affecting the Port Authority's rights or remedies in the event of any breach by the Lessee of its obligations under this Agreement, the Port Authority shall have the right to discontinue or reduce the said heating or air-cooling service during any period of such waste or dissipation and any failure of the Port Authority to supply any such service under such condition shall not affect any of the Lessee's obligations under this Agreement. (f) If any federal, state, municipal or other governmental body, authority or agency or any public utility assesses, levies, imposes, makes or increases any charge, fee or rent on demand the Port Authority for any service, system or utility now or in the future supplied to or available to the premises or to any occupants or users thereof or to the structure or building of which the premises form a part (including but not limited to any sewer rent or charge for the use of sewer systems), the Lessee shall, at the option of the Port Authority exercised at any time and from time to time by notice to the Lessee, pay, in accordance with said notice, such charge, fee or rent or increase thereof (or the portion thereof allocated by the Port Authority to the premises or the Lessee's operations hereunder) either directly to the governmental body, authority or agency or to the public utility or directly to the Port Authority. (g) The Port Authority shall have the right to discontinue temporarily the supply of any of the above services when necessary or desirable in the opinion of the Port Authority in order to make any repairs, alterations, changes or improvements in the premises or elsewhere in the Facility including but not limited to all systems for the supply of services. (h) No failure, delay, interruption or reduction in any service or services shall be or shall be construed to be an eviction of the Lessee, shall be grounds for any diminution or abatement of the rentals payable hereunder, or shall constitute grounds for any claim by the Lessee for damages, consequential or otherwise, unless due to the negligent acts of the Port Authority, its employees or agents. The Lessee shall not be entitled to receive any service or services during any period during which the Lessee shall be in default under any of the provisions of this Agreement. (i) The Port Authority shall be under no obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the use of any component necessary therefor shall be prohibited or rationed by any federal, state or municipal law, rule, regulation, requirement, order or direction and if the Port Authority deems it in the public interest to comply therewith, even though such law, rule, regulation, requirement, order or direction may not be mandatory on the Port Authority as additional rent a public agency. (j) The Port Authority shall have no obligations or responsibility with respect to the costs thereofperformance of any services or providing, including without limitation installation, operation, repair and maintenance costssupplying or furnishing to the Lessee of any utilities or services whatsoever except as expressly provided in this Section.

Appears in 1 contract

Samples: Lease Agreement (Financial Services Acquisition Corp /De/)

Services and Utilities. Lessee Landlord shall provide roving attendant service for the entire business park of which the Building is a part, such attendant shall be on duty generally during evening and early morning hours. Landlord shall provide a controlled access system for the Building which enables 24X7X365 access to the Premises by Tenant, subject to reasonable rules and regulations for after hours entry. Tenant shall obtain and pay during the Lease Term (and prior to delinquency) for all charges for water, gas, light (electricity, heat, telephone, sewer, sprinkler charges and other utilities and services used at the Premises, together with any taxes, penalties, surcharges, maintenance charges, and similar charges pertaining to Tenant’s use of the Premises. Tenant shall heat the Premises as necessary to prevent any freeze damage to the Premises or any portion. Tenant's use of electric current shall at no time exceed the capacity of the feeders or lines to the Building or the risers or wiring installation of the Building or the Premises. Landlord may, at Tenant’s expense, separately meter and bxxx Tenant directly for its use of any such utility service, in which case the amount separately billed to Tenant for Building standard utility service shall not be duplicated in Tenant’s obligation to pay Additional Rent under Section 2.3. Landlord shall not be liable for any interruption or failure of utility service to the Premises, and Tenant shall not be entitled to any abatement or reduction of Rent by reason of any interruption or failure of utilities or other services to the Premises except as set forth below. Any interruption or failure in any utility or service shall not be construed as an eviction, constructive or actual of Tenant or as a breach of the implied warranty of suitability, and shall not relieve Tenant from the obligation to perform any covenant or agreement under this Lease. In no event shall Landlord be liable for damage to persons or property, including, without limitation, replacement ballastsbusiness interruption, tubes and bulbs)damages, heator shall Landlord be in default under this Lease, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage as a result of any service such interruption or utility failure. All amounts due from Tenant under this Section 8 shall be payable within ten (10) days after Landlord’s request for payment. Notwithstanding the foregoing, in the event such interruption of services described in this Article Section 8 (and results from causes within Landlord’s reasonable control, and is not due to any cause whatsoever shall Tenant’s negligence, the act of a third party not affect Lessee’s obligations hereunderacting on behalf of Landlord, or force majuere) and continues for more than five (5) consecutive days following written notice to Landlord, and Lessee shall faithfully keep and observe results in the denial or otherwise renders impractical the intended use of substantially all of the termsPremises (such as loss of electricity or high speed data access) then Tenant shall receive a Base Rent abatement for each day thereafter until the service is restored, conditions unless and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered Tenant is able to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged collect insurance proceeds for such services by interruption. In the local public utility furnishing the sameevent of damage from casualty, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee Section 11 below shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsapply.

Appears in 1 contract

Samples: Commercial Lease Agreement (Crossroads Systems Inc)

Services and Utilities. Lessee 13.1 Provided Tenant shall pay not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Lease Term Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes national and bulbslocal legal holidays), heat, 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, power, electricity, telephone, 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, trash pick-upif applicable; and, sewer (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 other services supplied to or consumed on electricity used by Tenant in the Premises. Lessee The charge shall arrange and pay be at the rates charged for all gas and such services by the local public utility. Alternatively, Landlord may elect to include electricity separately metered to costs in Expenses. In the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack absence of Landlord’s gross negligence or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderwillful misconduct, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under for, and Tenant shall not be entitled to, any circumstances for injury to abatement or death reduction of or loss or damage to persons or property or damage to Lesseerental by reason of Landlord’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee , 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 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 cost thereof, including the cost of installation and 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 xxxxx 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 Premises for normal office use, nor connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall first 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 LessorLandlord for the use thereof, which Lessor Landlord may refuse for any reasonrefuse, to the use thereof and Lessor if Landlord does consent, Landlord may cause a water, gas water meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas or such excess water and electric current consumed for any such usecurrent. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee Tenant. Tenant agrees to pay Lessorto Landlord within five (5) days of Landlord’s demand, as additional rent promptly upon demand therefor by Lessor, for the cost of all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current . 13.5 Tenant will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior the written consentconsent of Landlord, use any machines or equipment which can exceed the capacity of any contract with a utility facilities now located within provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. If Lessee requires Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional capacityCommunications Wiring, Lessee shall request Lessor to provide such capacitynor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which request Lessor consent may refuse be withheld in LessorLandlord’s sole and absolute discretion. If additional capacity is furnished, Lessee Landlord’s shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsin no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph.

Appears in 1 contract

Samples: Lease Agreement (Schrodinger, Inc.)

Services and Utilities. Lessee 9.1 Landlord agrees to furnish to the Premises during generally recognized business days from 7:00 a.m. to 6:00 p.m. Monday through Friday, excluding legal holidays, and from 7:00 a.m. to 12:00 p.m. on Saturday, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for desk top office equipment, personal computers, office 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 of not less than forty-eight (48) hours in advance of the requested usage. Tenant shall pay Landlord’s charges (current charge $50 per hour per floor) therefore on demand. Tenant shall have access to the Building twenty-four (24) hours a day three hundred and sixty-five (365) days a year during the Lease Term via secured key cards. 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises 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 installation, operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Notwithstanding the foregoing, Tenant shall have the right to enter into separate contracts for the maintenance and repair of supplemental HVAC equipment and systems that service the MDF and IDF spaces with the Landlord’s then current HVAC maintenance company, which as of the foregoingEffective Date, is XxxXxxxxx Xxxxxx. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric consent shall be in Landlord’s sole discretion. Landlord will install an electrical current meter to be installed submeter in the Premises so as to measure the amount of water, gas and electric current consumed for any such useby Tenant. The cost of any such meters and of installation, electrical meter maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas and actual electric current consumed as shown by said meterssubmeters, at the rates charged for such services by the local public utility furnishing utility. 9.2 Landlord shall furnish elevator service, lighting replacement for Building standard lights, restroom supplies, window washing, security and janitor services in a manner that such services are customarily furnished to comparable office buildings in the same, plus any additional expense incurred area. The janitorial services to be provided by Landlord are further described in keeping account of the water, gas Exhibit G attached hereto and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established incorporated herein by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsreference.

Appears in 1 contract

Samples: Office Building Lease (Realnetworks Inc)

Services and Utilities. Provided that Lessee shall pay is not in default ---------------------- hereunder, Lessor agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Lessor in its reasonable discretion, and subject to the Lease Term (rules and prior to delinquency) all charges regulations of the Building of which the Premises are a part, electricity for normal lighting, water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioningair- conditioning and elevator service which are required in Lessor's good faith judgment for the comfortable use and occupation of the Premises. See Addendum 17 attached hereto. During recognized business days for the Building, powerand subject to the reasonable rules and regulations of the Building and Project, electricity, telephoneLessor shall furnish to the Premises and the Common Areas, janitorial service, trash pick-upwindow washing, sewer fluorescent tube replacement and all other toilet supplies; provided, however, Lessor shall not be required to provide janitorial services supplied to or consumed on for any portion of the Premises. Lessee shall arrange and pay for all gas and electricity separately metered Premises to the Premisesextent required as a result of the preparation or consumption of food or beverages (provided that nothing in this paragraph shall be construed as a consent by Lessor to the preparation or consumption of such food or beverages unless otherwise expressly provided elsewhere in this Lease). Janitorial services for the Premises and telephone services required by Lessee Lessor shall also be arranged maintain and paid for by Lesseekeep lighted during such hours the common stairs, common entries and toilet rooms in the Building. The lack or shortage of any service or utility described in this Article due to any cause whatsoever Lessor shall not affect Lessee’s obligations hereunderbe liable for, and Lessee shall faithfully keep and observe all not be entitled to, any reduction of Rentals by reason of Lessor's failure to furnish any of the termsforegoing when such failure is caused by casualty, conditions and covenants Act of this Lease and pay all Rentals due hereunder without diminutionGod, credit accident, breakage, repairs, strikes, lockouts or deductionother labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Lessor. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s 's business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Lessor 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 Lessee shall not to Lessor upon demand by Lessor as additional rent. Lessee will not, without the prior written consent of Lessor, use or permit the use of any apparatus or device in or upon the Premises, including, but without limitation thereto, machines using in excess of 120 volts, which will in any way increase the amount of gas, electricity or water usually furnished or supplied for the use of the Premises as general office space; nor will Lessee connect or permit connection with electric current, gas or water supply lines, except (in the case of electric current) through existing electrical outlets, gas lines or water lines, respectively, servicing electrical outlets in the Premises, any apparatus or device for the purpose of using gas, electric current or water. If Lessee should require additional water, gas and/or requires water or electric current, to current in excess of that usually furnished or supplied for the extent not separately metered to use of the PremisesPremises as general office space, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reasonrefuse, to the use thereof and Lessor may cause a water, water or gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay to Lessor, as additional rent rent, promptly upon demand therefor by Lessor, Lessor for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.

Appears in 1 contract

Samples: Office Lease (Inktomi Corp)

Services and Utilities. Lessee Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises, during normal business hours of generally recognized business days, the utilities and services described herein, including water, electricity for operating common areas during hours determined by Landlord in its sole discretion and subject to the Rules and Regulations of the Building or Project. If Tenant desires any of these services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay during Landlord's charges therefore on demand. Landlord shall also keep lighted the Lease Term common stairs, common entries and restroom(s) in the Project. 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or by any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, the Building or the Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, the Building, or the Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of the foregoinginstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Lessee Tenant shall not connect consume water in excess of that usually furnished or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing supplied for the Premises. If Lessee should require additional water, gas and/or electric current, to use of premises as general office space (as determined by the extent not separately metered to the Premises, Lessee shall Landlord) without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and, in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such usewater consumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant, and Lessee Tenant agrees to pay Lessor, promptly as additional rent promptly upon demand therefor by Lessor, and when bills are rendered for all such water, gas and electric current water 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 by Landlord in keeping account of the water, gas and electric current water so consumed. If a separate meter is not installed, such the excess cost for such water, gas and electric current will water shall. be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense. If Landlord has installed separate metering of electricity furnished to the Premises, the cost of maintenance and repair of such metering shall be paid by Tenant. Tenant agrees to cause all bills for its use of electricity to be sent and charged directly to Tenant and Tenant agrees to promptly pay such electrical bill xx and when rendered for all such electricity consumed as shown by said metering at utility rates charged by said public utility. Tenant agrees not to connect any apparatus with electric current except through existing electrical outlets in good faith by Lessorthe Premises. Lessee Landlord shall notfurnish heating, without Lessor’s prior written consentventilation, use any machines or equipment which can exceed and air conditioning ("HVAC"), elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in the capacity of any utility facilities now located within manner that such services are customarily furnished to comparable office building in.the area. Tenant at his sole cost and expense shall provide for itself all other services including telephone services chargeable to the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsnot herein supplied by Landlord.

Appears in 1 contract

Samples: Office Building Lease (Viasat Inc)

Services and Utilities. Lessee Landlord shall pay during provide and install at its expense a separate electric meter for the Lease Term Premises. Landlord shall maintain and keep lighted the common areas of the Project, including parking areas, building entries, lobbies, corridors, staircases, and restrooms, and Landlord shall furnish restroom supplies and lightbulb replacement for Building Standard (and prior ie Landlord installed) light fixtures within the Premises. See Addendum 2 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 delinquencyfurnish or delay in furnishing any such services or utilities where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for water, gas, light (including, without the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs)or restrictions on, heat, air conditioning, poweruse of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances circumstances, unless directly attributable to Landlord's wrongful or negligent acts, for injury to or death of or the loss or damage to persons or Tenant's property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish or delay in the furnishing of any of the foregoingforegoing services or utilities. Lessee Tenant shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing arrange for the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not initiation of service for any separately metered utilities to the Premises, Lessee shall first procure including telephone service, directly with the written consent of Lessorappropriate utility vendor or supplier, which Lessor may refuse for and all billing invoices, security deposits, and any reason, other charges relating to the use thereof initiation and Lessor may cause a water, gas meter or electric current meter to continued provision of such separately metered utilities and telephone service shall be installed the responsibility of and in the Premises so as to measure the amount name of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsTenant.

Appears in 1 contract

Samples: Multi Tenant Office R&d Building Lease (Protein Polymer Technologies Inc)

Services and Utilities. Lessee (a) Landlord shall pay during provide the Lease Term maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the act or omission of Tenant or for which Tenant is responsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord at Tenant’s expense. (b) Subject to the provisions elsewhere herein contained and prior to delinquency) the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all charges for cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, light telephone, cable and digital services, and Tenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). Landlord shall cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building Systems. (c) Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, replacement ballastselectronic data processing machines, tubes punch card machines and bulbsmachines using excess lighting or voltage in excess of the amount for which the Building is designed. (d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building (except in the case of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, heatcurtailment, air conditioning, power, rationing or restriction on use of water or electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to form of energy or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any other service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within serving the Premises or the BuildingProject. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If Lessee requires additional capacitythe Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and electric utilities or other services provided to the Premises resulting from a casualty covered by Landlord’s insurance, Lessee then Tenant’s Monthly Base Rent and Additional Charges shall request Lessor axxxx during the period of time in which Tenant cannot occupy the Premises for the Permitted Uses, but only to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsextent of rental abatement insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Sublease (Aruba Networks, Inc.)

Services and Utilities. Lessee (a) Landlord shall pay during provide the Lease Term maintenance and repairs described in Paragraph 8(a), except for damage occasioned by the act or omission of Tenant or for which Tenant is responsible pursuant to Paragraph 8(c), which damage shall be repaired by Landlord at Tenant's expense. (b) Subject to the provisions elsewhere herein contained and prior to delinquency) the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all charges for cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, light telephone, cable and digital services. In addition, except as set forth in Paragraph 8, Tenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and all other maintenance, repair and services as described in Paragraph 8(b). Landlord shall cooperate with Tenant's efforts to arrange all such services. If Landlord assumes Tenant's maintenance obligations with respect to the Building Systems pursuant to Paragraphs 8(b) or 8(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building Systems. (c) Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, replacement ballastselectronic data processing machines, tubes punch card machines and bulbsmachines using excess lighting or voltage in excess of the amount for which the Building is designed. (d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the second to last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services (except in the case of Landlord's gross negligence or willful misconduct); (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, heatlabor disturbances of any character, air conditioningany other accidents or other conditions beyond the reasonable control of Landlord, poweror by the making of repairs or improvements to the Premises or to the Building (except in the case of Landlord's gross negligence or willful misconduct); or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to form of energy or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any other service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within serving the Premises or the BuildingProject. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If Lessee requires additional capacitythe Premises become unsuitable for Tenant's use as a consequence of cessation of gas and electric utilities or other services provided to the Premises resulting from a casualty covered by Landlord's insurance, Lessee then Tenant's Monthly Base Rent and Additional Charges shall request Lessor abatx xxxing the period of time in which Tenant cannot occupy the Premises for the Permitted Uses, but only to provide the extent of rental abatement insurance proceeds received by Landlord (or, if Landlord fails to carry such capacityinsurance for the period required by Paragraph 12(f), or fails to pay premiums for such insurance and such failure does not result from Tenant's failure to perform Tenant's obligations hereunder, proceeds that would have been payable to Landlord in the absence of such failure). In no event shall any mortgagee or beneficiary under any mortgage or deed of trust on all or any portion of the Project, the Building, or the land on which request Lessor may refuse in Lessor’s sole discretion. If additional capacity all or any portion of the Project is furnishedlocated (any such mortgagee or beneficiary, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsa "Mortgagee") be or become liable for any default of Landlord under this Paragraph 13.

Appears in 1 contract

Samples: Lease Agreement (Business Objects Sa)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at its sole discretion, and subject to the Lease Term (rules and prior to delinquency) all charges regulations of the Building of which the Premises are a part, electricity for waternormal lighting and fractional horsepower office machines, gas, light (including, without limitation, replacement ballasts, tubes heat and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer conditioning required in Landlord's judgment for the comfortable use and all other services supplied to or consumed on occupation of the Premises. Lessee Landlord shall arrange also maintain and pay for all gas keep lighted the common stairs, common entries and electricity separately metered to toilet rooms in the Premises. Janitorial services for Building of which the Premises are a part. Landlord shall not be liable for, and telephone services required Tenant shall not be entitled to, any reduction of rental by Lessee shall also be arranged and paid for reason of Landlord's failure to furnish any of the foregoing when such failure is caused by Lessee. The lack accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, except as to Landlord's negligence or willful acts. Lessee Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall not be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect or permit connection with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonnot unreasonably refuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, Landlord for all such water, gas water and electric current consumed as shown by said meters, 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected engineer. Notwithstanding the foregoing, if any essential service to be provided is interrupted or curtailed for a period of forty-eight (48) hours and is caused by Landlord or lies within Landlord's control, in good faith by Lessoraddition to other remedies available to Tenant, the Rent (inclusive of all payments) for the Premises shall completely xxxxx from such forty-eight (48) hour period and continue until such services are fully restored. Lessee Landlord shall not, without Lessor’s provide a minimum of seventy-two (72) hours' prior written consent, use any machines or equipment which can exceed the capacity notice of any utility facilities now located within planned interruption of services in connection with the repair and maintenance of the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.

Appears in 1 contract

Samples: Lease Agreement (Vstream Inc /Co)

Services and Utilities. Lessee shall pay Landlord agrees to furnish to the Premises during the Lease Term (all hours and prior to delinquency) on all charges days, electricity for waternormal lighting and fractional horsepower office machines, gas, light (including, without limitation, replacement ballasts, tubes heat and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, water and sanitary sewer service required for the comfortable use and all other services supplied to or consumed on occupation of the Premises. Lessee Landlord shall arrange also maintain and pay for all gas keep lighted the common stairs, common entries and electricity separately metered to toilet rooms in the Premises. Janitorial services for Building of which the Premises are a part. Landlord shall not be liable for, and telephone services required Tenant shall not be entitled to any reduction of rental by Lessee shall also be arranged and paid for reason of Landlord's failure to furnish any of the foregoing when such failure is caused by Lessee. The lack accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outletsas to Landlord's negligence or tortious acts; provided, gas lines however, that if the Tenant cannot reasonably use the Premises for the operation of Tenant's authorized business all Rent shall xxxxx until the Premises is reasonably suitable for the operation of Tenant's authorized business. Wherever heat generating machines or water linesequipment are used in the Premises which extraordinarily affect the temperature otherwise maintained by the air conditioning system, respectivelyLandlord reserves the right to install supplementary air conditioning units in the Premises and the reasonable cost thereof, servicing including the Premisescost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. If Lessee should require additional waterTenant will not, gas and/or electric currentwithout written consent of Landlord, to the extent not separately metered to use any apparatus or device in the Premises, Lessee 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 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 LessorLandlord, which Lessor may refuse for any reasonLandlord shall not unreasonably refuse, to the use thereof and Lessor Landlord may cause a water, gas water meter or electric electrical current meter to be installed in the Premises Premises, so as to measure the amount of water, gas 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 Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon within 20 days after demand therefor by Lessor, Landlord for the extraordinary portion of all such water, gas water and electric current consumed as shown by said meters, 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas water and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith and it is agreed that the cost of hiring such person and obtaining such estimate shall be shared equally by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand Landlord and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsTenant.

Appears in 1 contract

Samples: Lease (New Frontier Media Inc)

Services and Utilities. Lessee a. Tenant shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied electricity furnished to or consumed on the Premises, including any taxes thereon. Lessee Tenant's failure to pay when due the electricity charges herein shall constitute a default of this Lease. Upon Tenant's failure to pay such charges Landlord may, but shall not be obligated to, pay such charges in place of Tenant, in which case the amount so paid by Landlord shall be deemed to be overdue and shall be subject to the provisions of Article 23.b. hereof. b. Tenant shall arrange and pay for all gas and electricity separately metered adequate janitorial service to the Premises. Janitorial services Tenant's failure to pay when due the charges for such janitorial service, and/or its failure to provide for such service on a regular basis, shall constitute a default of this Lease. Upon Tenant's failure to pay such charges or to make arrangements for such service Landlord may, but shall not be obligated to, pay such charges or make such arrangements in place of Tenant, in which case any amounts paid by Landlord in connection with janitorial service furnished to the Premises shall be deemed to be overdue and telephone services required shall be subject to the provisions of Article 23.b. hereof. c. Landlord shall maintain and keep lighted the common stairs, common entries and public toilet rooms in the Building of which the Premises are a part from dusk until 10:00 p.m., weekdays only. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rent by Lessee shall also be arranged and paid for reason of Landlord's failure to furnish any of the foregoing when such failure is caused by Lessee. The lack accident, breakage, repairs, strikes, lockouts or shortage other labor disturbances or labor disputes of any service character, or utility described in this Article due to by any cause whatsoever shall not affect Lessee’s obligations hereunderother cause, and Lessee shall faithfully keep and observe all similar or dissimilar, beyond the reasonable control of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deductionLandlord. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect Whenever heat generating machines or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to equipment are used in the Premises, Lessee shall first procure which affect the written consent of Lessor, which Lessor may refuse for any reason, temperature otherwise maintained by the air conditioning system. Landlord reserves the right to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed install supplementary air conditioning units in the Premises so as to measure and the amount of watercost thereof, gas and electric current consumed for any such use. The including the cost of any such meters and of installation, and the cost of operation and maintenance and repair thereof thereof, shall be paid for by the Lessee and Lessee agrees Tenant to pay Lessor, as additional rent promptly Landlord upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsLandlord.

Appears in 1 contract

Samples: Office Building Lease (Qt 5 Inc)

Services and Utilities. Lessee shall pay during Provided that Tenant is not in default hereunder, Xxxxxxxx agrees to furnish to the Lease Term Premises twenty-four (24) hours a day, seven (7) days a week, subject to the Rules and prior to delinquency) all charges for Regulations of the Building or Project, water, gasand electricity for normal desk top office equipment and normal copying equipment, light and heating, ventilation and air conditioning (including"HVAC") as required in Land-lord's judgment for the comfortable use and occupancy of the Premises. Landlord shall maintain and keep lighted the common stairs, without common entries and restrooms of the building. Land-lord 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 inter-ruption of use of any equipment in connection with the furnishing of any of the forego-ing services by the utility company or as to which Landlord is not otherwise liable under the lease, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condi-tion or event beyond the reason-able control of Landlord, (iii) the limitation, replacement ballastscurtailment or ration-ing of, tubes and bulbs)or restric-tions on, heat, air conditioning, poweruse of water, electricity, telephonegas or any other form of energy serving, janitorial servicethe Premis-es, trash pick-up, sewer and all other services supplied to Building or consumed on the PremisesProject. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurringoccur-ring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the tempera-ture otherwise maintained by the HVAC system, Landlord reserves the right to install supplemen-tary air condi-tioning 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 have its own electric meter and shall be solely responsible for all costs of electricity furnished by Landlord for their use. Tenant shall not, without the foregoingwritten consent of Landlord, use any apparatus or device in the Premises, including without limita-tion, elec-tronic 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 Land-lord. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Xxxxxx agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established estab-lished by an estimate made by a utility company or electrical engineer selected in good faith hired by LessorLandlord at Tenant's expense. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity maintenance and repair of any utility facilities now located within such meters at its sole cost. Landlord shall furnish lighting replacement for exterior building standard lights, window washing and common area janitor services in a manner that such services are customarily furnished to comparable office buildings in the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsarea.

Appears in 1 contract

Samples: Lease Agreement (Pacific Coast National Bancorp)

Services and Utilities. Lessee It is agreed that Landlord shall pay furnish adequate air-conditioning during the seasons of the year when air-conditioning is required and adequate heat during the seasons of the year when heat is required. It is further agreed that Landlord shall 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 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 normal hours of operation of the Building, as set forth in the rules and regulations attached hereto as Exhibit B (“Rules and Regulations”), unless 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, Landlord shall furnish such air-conditioning or heat and Tenant agrees to pay for the same with the next monthly installment of rent in accordance with the then-current schedule of costs and assessments therefor. It is understood and agreed that Landlord shall not be liable for failure, delay or suspension in furnishing any of the utilities or services required to be provided by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God or from any other cause whatsoever. Any such failure or inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease Term (and prior or to delinquency) all charges for an abatement of any rent payable hereunder. Notwithstanding the foregoing, in the event that material services to be provided by Landlord under this Lease such as electricity, water, gas, light (includingsewer or HVAC, without limitationare suspended for more than 48 consecutive hours, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect LesseeTenant’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof rent shall be paid for by abated until such time as the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsare restored.

Appears in 1 contract

Samples: Office Lease (Alliance Bankshares Corp)

Services and Utilities. Lessee 13.1 Provided Tenant shall pay not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during the Lease Term ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbslegal holidays), heat, 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, power, electricity, telephone, conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; (f) equipment to bring to Tenant’s meter, trash pick-upelectricity for lighting, sewer convenience outlets and other normal office use; and (g) electricity for lighting, convenience outlets and normal office equipment. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all other services supplied to or consumed on electricity used by Tenant in the Premises. Lessee The charge shall arrange and pay be at the rates charged for all gas and electricity separately metered to such services by the Premiseslocal public utility. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under for, and Tenant shall not be entitled to, any circumstances for injury to abatement or death reduction of or loss or damage to persons or property or damage to Lesseerental by reason of Landlord’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee , 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 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 is $45.00 per hour, subject to change at any time. 13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord upon demand as such additional rent. 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 200 xxxxx or 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to outlets in the Premises, Lessee or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall first 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 LessorLandlord for the use thereof, which Lessor Landlord may refuse for any reasonrefuse, to the use thereof and Lessor if Landlord does consent, Landlord may cause a water, gas water meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas such excess water and electric current consumed for any such usecurrent. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee Tenant. Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessortherefor, for the cost of all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.

Appears in 1 contract

Samples: Lease Agreement (PBSJ Corp /Fl/)

Services and Utilities. Lessee 13.1 Provided Tenant shall pay not be in default under this Lease beyond any cure period, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building during the Lease Term ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbslegal holidays), heatthe following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the common area; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and, air conditioning(f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 600 amps @ 480V and 500kw emergency generator power on or before the Commencement Date. To the extent that Tenant is not billed directly by a public utility, powerTenant shall pay, electricityupon demand, telephoneas additional rent, janitorial service, trash pick-up, sewer and for all other services supplied to or consumed on electricity used by Tenant in the Premises. Lessee The charge shall arrange and pay be at the pro rata rates charged for all gas and electricity separately metered to such services by the Premiseslocal public utility. Janitorial services for Except in the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack event of Landlord’s negligence or shortage of any service intentional misconduct, or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants breach of this Lease and pay all Rentals due hereunder without diminutionby Landlord beyond any applicable cure period, credit or deduction. Lessor Landlord shall not be liable under for, and Tenant shall not be entitled to, any circumstances for injury to abatement or death reduction of or loss or damage to persons or property or damage to Lesseerental by reason of Landlord’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee , unless such failure shall persist for fifteen (15) days after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not connect be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or permit connection with electric currentby any other cause, gas similar or water supply linesdissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except through existing in the event of an emergency or a force majeure event or as permitted in Section 17.1 below) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical outletssystems, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas telephone systems and/or electric current, to the extent not separately metered to utilities services of the Premises, Lessee the Building or the Property, without advising Tenant at least seventy two (72) hours in advance of Landlord’s requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord’s goals and minimize the interruption to Tenant’s use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. Landlord shall first procure notify Tenant immediately upon Landlord’s knowledge of any interruption of the written consent above services. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge more or less than Landlord’s actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of Lessorany 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, which Lessor may refuse Landlord reserves the right to require Tenant to install supplementary air conditioning units in or for any reasonthe benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant. 13.4 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the use thereof and Lessor Premises as set forth in the Lease, Landlord may cause a water, gas water meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas such excess water and electric current consumed for any such usecurrent. The cost of any such meters and any additional installations or expense required or incurred as a result of installation, maintenance and repair thereof the increased capacity shall be paid for by the Lessee and Lessee Tenant. Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessortherefor, for the cost of all such water, gas excess water and electric current consumed (as shown by said meters, if any, or, if there are no separate meters, 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 out-of-pocket expense incurred in keeping account of the water, gas water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.

Appears in 1 contract

Samples: Lease (Neutral Tandem Inc)

Services and Utilities. Provided that Lessee shall pay is not in default hereunder, Lessor agrees to furnish to the Premises during the Lease Term hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, other than recognized Building holidays (collectively, “Building Hours”), and prior subject to delinquency) all charges the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting, water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioningair-conditioning and elevator service which are required in Lessor’s good faith judgment for the comfortable use and occupation of the Premises. During recognized business days for the Building, powerand subject to the reasonable rules and regulations of the Building and Project, electricity, telephoneLessor shall furnish to the Premises and the Common Areas, janitorial service, trash pick-upwindow washing, sewer fluorescent tube replacement and all other toilet supplies; provided, however, Lessor shall not be required to provide janitorial services supplied to or consumed on for any portion of the Premises. Lessee shall arrange and pay for all gas and electricity separately metered Premises to the Premisesextent required as a result of the preparation or consumption of food or beverages (provided that nothing in this paragraph shall be construed as a consent by Lessor to the preparation or consumption of such food or beverages unless otherwise expressly provided elsewhere in this Lease). Janitorial services for the Premises and telephone services required by Lessee Lessor shall also be arranged maintain and paid for by Lesseekeep lighted during such hours the common stairs, common entries and toilet rooms in the Building. The lack or shortage of any service or utility described in this Article due to any cause whatsoever Lessor shall not affect Lessee’s obligations hereunderbe liable for, and Lessee shall faithfully keep and observe all not be entitled to any reduction of Rentals by reason of Lessor’s failure to furnish any of the termsforegoing when such failure is caused by casualty, conditions and covenants Act of this Lease and pay all Rentals due hereunder without diminutionGod, credit accident, breakage, repairs, strikes, lockouts or deductionother labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Lessor. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Lessor 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 Lessee to Lessor upon demand by Lessor as additional rent. The costs of all utilities and services furnished by Lessor to Lessee pursuant to this Article 17 which are not specified as being reimbursed or paid directly by Lessee shall be included as items of Building Operating Expenses. Lessee will not, without the prior written consent of Lessor, use or permit the use of any apparatus or device in or upon the Premises (including, but without limitation thereto, machines using in excess of such electrical capacity as is customary for general office use), which will in any way increase the amount of gas, electricity or water usually furnished or supplied for the use of the Premises as customary general office space (which, as to electricity consumption, the parties hereby agree to mean not more than three (3) xxxxx per square foot of usable area on a demand load basis); nor will Lessee connect or permit connection of any apparatus or device for the purpose of using gas, electric current or water with electric current, gas or water supply lines, except for electricity through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional water, gas and/or requires water or electric current, to current in excess of that usually furnished or supplied for the extent not separately metered to use of the PremisesPremises as general office space, Lessee shall first procure the written consent of Lessor, Lessor (which Lessor may refuse for any reasonconsent shall not be unreasonably withheld or delayed), to any required Alterations in connection therewith (which Alterations shall be performed at Lessee’s sole cost and shall be governed by the use thereof provisions of this Lease regarding the making of Alterations by Lessee), and Lessor may cause a water, water or gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay to Lessor, as additional rent rent, promptly upon demand therefor thereby by Lessor, Lessor for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. In addition, if such Alterations to allow such excess electrical consumption result in increased heating loads in the Premises, Lessee shall notbe solely responsible for installing such supplemental HVAC systems as are reasonably required to address such additional heating loads, at Lessee’s sole cost, subject to the provisions of this Lease. If requested by Lessee upon reasonable prior notice to Lessor, heating, ventilation and air conditioning (“HVAC”) service shall be provided to the Premises other than during Building Hours, provided that Lessee shall pay to Lessor for each such hour of HVAC service during non-Building Hours, the then prevailing charge by Lessor for such service on such floor (which shall equal Lessor’s determination, in Lessor’s reasonable business judgment of the actual cost of providing such non-Building Hours HVAC service, including, without limitation, a reasonable administrative charge). Amounts payable by Lessee hereunder shall be paid as additional rent within thirty (30) days following Lessee’s receipt of Lessor’s billing therefor. However, Lessor shall train security personnel of Lessee on the use of the controls for providing HVAC service to the Premises during times other than Building Hours so as to allow Lessee to directly access such non-Building Hours service without the requirement of providing reasonable prior notice to Lessor. At Lessee’s election, but subject to the prior, written consentconsent of Lessor (which shall not be unreasonably withheld or delayed), use any machines Lessee shall have the right to install, at Lessee’s sole cost, a meter or equipment which can exceed the capacity of any utility facilities now located submeter within the Premises or to measure Lessee’s after-hours HVAC use. The parties shall reasonably cooperate to endeavor to coordinate Lessee’s security systems with Lessor’s existing security system to achieve acceptable levels of security for both parties. To the Building. If extent Lessee requires desires additional capacitysecurity beyond that which is provided by Lessor, Lessee shall request Lessor to may provide such capacityadditional security at Lessee’s expense, so long as such additional security does not interfere with the security provided by Lessor (which additional security may include installation of access control system at any Premises entrances located on the Building exterior, subject to the provisions of this Lease governing Lessee’s making of Alterations). Lessee shall be permitted access to the Building on a twenty-four (24) hours per day, seven (7) days per week basis. Notwithstanding anything to the contrary contained in this Lease, during the Term of the Lease, if Lessee is actually prevented from using all or a material portion of the Premises as a result of an interruption in essential utility services to the Premises which is solely the fault of Lessor or Lessor’s employees, agents or contractors, which request Lessor may refuse in prevention from use is not cured within three (3) consecutive days following Lessor’s sole discretionreceipt of written notice thereof from Lessee stating Lessee’s intent to receive an abatement, then monthly Base Rent and Lessee’s obligation for payment of Building Taxes and Building Operating Expenses shall, retroactive to the first day of such prevention from use, be equitably abated based upon the portion of the Premises which Lessee is so prevented from using, until and to the extent that Lessee is no longer so prevented from using such portion of the Premises as a result of the applicable interruption in essential utility services. If additional capacity is furnishedNotwithstanding the foregoing, Lessee the provisions of Article 21 below and not the provisions of this paragraph shall pay on demand govern in the event of casualty damage to the Premises or Project and as additional rent the costs thereof, including without limitation installation, operation, repair provisions of Article 24 below and maintenance costsnot the provisions of this paragraph shall govern in the event of condemnation of all or a part of the Premises or Project.

Appears in 1 contract

Samples: Net Office Lease (Borland Software Corp)

Services and Utilities. Lessee 13.1 Provided Tenant shall pay not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Lease Term Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes national and bulbslocal legal holidays), heat, 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, power, electricity, telephone, 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, trash pick-upif applicable; and, sewer (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 other services supplied to or consumed on electricity used by Tenant in the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof charge shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility 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 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 the same, plus of services and utilities. 13.2 Should Tenant require any additional expense incurred 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 keeping account of the water, gas and electric current so consumed. If no event at a separate meter is not installed, such excess charge less than Landlord’s actual cost plus overhead for such wateradditional service and, gas and electric current will be conclusively established by an estimate made by where appropriate, a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity reasonable allowance for depreciation of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor systems being used to provide such capacityservice. The current charge for after-hours HVAC service, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnishedsubject to change at any time, Lessee shall pay is specified on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsReference Pages.

Appears in 1 contract

Samples: Lease Agreement (Petro Resources Corp)

Services and Utilities. Lessee (SEE RIDER) Except as otherwise provided in this Lease, 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 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 and Tenant shall pay during Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the Lease Term 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 (and prior 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 delinquencyfurnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) all charges for the limitations, curtailment or rationing of, or restrictions on, use of water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project imposed by governmental requirement or by the utility company furnishing such services. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services other than as a result of Landlord's gross negligence or willful misconduct. If Tenant uses heat generating machines or equipment in the foregoingPremises which affect the temperature otherwise maintained by the HVAC system, Tenant shall 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. Lessee Tenant shall not connect or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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), gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such usewater consumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, water plus any additional expense incurred in keeping account of the water, gas and electric current water so consumed. If a separate meter is not installed, such the excess cost for such water, gas and electric current will water shall be conclusively established by an estimate made by a utility company or electrical mechanical engineer selected hired by Landlord at Tenant's expense. Nothing contained in good faith 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 Lessorthe local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Lessee Tenant shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed be responsible for the capacity 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, at will, 24 hours per day, 365 days per year. Tenant shall contract for and pay the appropriate supplier directly for all utility facilities now located within 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. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse obligation of Landlord in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent accordance with the costs thereof, including without limitation installation, operation, repair and maintenance costsLease.

Appears in 1 contract

Samples: Office Building Lease (Hemacare Corp /Ca/)

Services and Utilities. Lessee 13.1 The Building is at all times subject to the exclusive control, management and operation of Landlord. Subject to the terms and provisions of this Lease, Landlord has the right with respect to such control, management and operation to: i. obstruct or close off all or any part of the Property for the purpose of maintenance, repair or construction, provided that Tenant's use of or access to the Premises is not unreasonably impaired thereby; ii. employ all personnel necessary for the operation and management of the Building, either directly or through an experienced third party property management company and, in connection therewith, Landlord shall pay during maintain adequate personnel at the Lease Term Building twenty-four (24) hours per day, seven (7) days per week; iii. construct other improvements and prior make alterations, additions, subtractions or re-arrangements, construct facilities adjoining or proximate to delinquency) all charges the Building, including underground tunnels and pedestrian walkways and overpasses, provided that Tenant's use of, normal operations in or access to, the Premises in accordance with the Permitted Uses is not impaired thereby; iv. do and perform such other acts in and to the Building and, in connection with performing any maintenance or repair obligations of Landlord, in and to the Premises and to have access thereto, as, in the use of good business judgment, Landlord determines to be advisable for waterthe more efficient and proper operation of the Building and Premises, gasprovided that Tenant's use of, light normal operations in or access to, the Premises in accordance with the Permitted Uses is not unreasonably impaired thereby; and v. reasonably control, supervise and regulate the parking areas in such manner as the Landlord determines from time to time. 13.2 During the Term, the Landlord shall provide, or cause to be provided, to the Premises, the following services and utilities upon the terms and subject to the conditions set out in this Article XIII and in Exhibit F attached hereto: i. the heating, ventilation and air conditioning (“HVAC”), including, without limitation, replacement ballasts, tubes sufficient CRAH power (“CRAH Power”) and bulbschiller plant power (“Chiller Plant Power”), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises shall be provided at all times in order to maintain the Environmental Conditions (as hereinafter defined), including maintaining a temperature adequate for normal occupancy in accordance with the Permitted Uses, including heat rejection equipment capable of handling 2.4 megawatts of Critical Load Power in each of Xxx 0, Xxx 0, Xxx 00 and telephone services required by Lessee shall also be arranged Pod 11 and paid for by Lessee. The lack or shortage 1.0833 megawatts of any service or utility described Critical Load Power in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderXxx 0X, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, subject to the extent not separately metered to the Premises, Lessee shall first procure the written consent provisions of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of Section 1.1 hereof; ii. water, gas and electric current consumed fuel in amounts no less than the amounts customarily provided by the owners of similarly-sized, first class data centers, as installed in the Building and Premises; iii. PDUs sufficient to support 2.4 megawatts of Critical Load Power to each of Xxx 0, Xxx 0, Xxx 00 and Pod 11 and 1.0833 megawatts of Critical Load Power to Xxx 0X, subject to the provisions of Section 1.1 hereof; iv. the Telecommunications Conduits exclusively serving the Pods of the Premises and the Feeder Conduits shall be provided to Tenant as set forth in Section 11.3 above; provided, however, that Tenant may, pursuant to said Section 11.3, utilize one (1) or more Approved Fiber Providers for any the connection of new fiber lines from and through each of the Telecommunications Duct Banks to the Building and into the POEs; v. security for the Building in accordance with Article V hereof; and vi. loading dock facilities convenient to the Premises twenty-four (24) hours a day, seven (7) days a week. Landlord represents, warrants and covenants to Tenant that, commencing on each Lease Commencement Date and throughout the Lease Term, (I) Critical Load Power up to the Stage 1 Maximum Load Limit, the Stage 2 Maximum Load Limit and the Maximum Load Limit, as applicable, will be available to the Stage 1 Pod, the Stage 2 Pods and all Pods of the Premises, as applicable, (II) the Stage 1 Pod, the Stage 2 Pods and the Stage 3 Pods, as applicable, shall be provided with a dedicated back-up system for such useCritical Load Power, including UPS and Engine Generators and (III) all Building infrastructure shall be operational in accordance with industry standards and procedures for first-class data centers, accounting for, among other things, repairs, scheduled maintenance and emergency situations. Landlord further represents and warrants that the critical electrical systems of ACC6 Phase I and ACC6 Phase II are each designed in an isolated parallel 10N + 2R configuration with 13.0 megawatts of Critical Load Power over the raised floor space to each of ACC6 Phase I and ACC6 Phase II, thus 9.7501 megawatts of Critical Load Power with N+2R redundancy, shall be available to the Premises when all infrastructure is operational as provided herein above. [*****]. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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 Building's critical mechanical systems are designed in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsN+2 configuration.

Appears in 1 contract

Samples: Deed of Lease (Rackspace Hosting, Inc.)

Services and Utilities. Lessee shall pay Provided that Tenant is not in default 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 Lease Term (Rules and prior to delinquency) all charges for Regulations of the Building or Project, reasonable amounts of water, gaselectricity for normal lighting, light normal desk top office equipment, heating, ventilation and air conditioning (including"HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises, without the costs of which are included as Project operating costs. Landlord shall maintain and keep lighted the common stairs, common entries and restrooms in the Building which are included as Project operating costs. 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, or by the making of necessary repairs or improvement to the Premises, Building or Project, or (iii) the limitation, replacement ballastscurtailment or rationing of, tubes and bulbs), heat, air conditioning, poweror restrictions on use of water, electricity, telephone, janitorial service, trash pick-up, sewer and all gas or any other services supplied to or consumed on form of energy serving the Premises, Building or Project. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any such services, including failures arising out of Landlord's cooperation in a reasonable manner with the foregoingefforts of national, state or local governmental bodies or utilities suppliers in reducing energy or the consumption of other resources. Lessee If Landlord, in its sole and absolute discretion allows Tenant to use heat generating machines or 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 any supplier of utility services or governmental agencies regulating such services render any special assessments for or restrictions upon such services, Tenant agrees that such assessments or restrictions will be fairly shared by each tenant in proportion to its Proportionate Share of Project Operating Expenses. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines 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 or permit connection any apparatus with electric current, gas or water supply lines, current except through existing electrical outlets, gas lines or water lines, respectively, servicing outlets in the Premises. If Lessee should require additional waterTenant 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) provided during generally accepted business days and hours, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall without first procure procuring the written consent of LessorLandlord, which Lessor Landlord may refuse for any reasonrefuse, to and in the use thereof and Lessor event of consent, Landlord may cause have installed a water, gas water meter or electric electrical current meter to be installed motor in the Premises so as to measure the amount of water, gas and water or electric current consumed for any such useconsumed. Utilities and services required at other times shall be subject to advance request and reimbursement by Tenant to Landlord. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Lessee Tenant and Lessee Tenant agrees to pay Lessor, as additional rent to Landlord promptly upon demand therefor by Lessor, for all such water, gas 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, gas water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water, gas water and electric current will shall be conclusively established by an estimate made by a utility company or electrical engineer selected hired by Landlord at Tenant's expense, Landlord shall furnish lighting replacement for building standard lights, common area restroom supplies, window washing and common area janitor and landscaping services in good faith by Lessora manner that such services are customarily furnished to comparable office buildings in the area, which are included as Project operating costs. Lessee shall not, without Lessor’s prior written consent, use Should Tenant desire any machines additional services beyond those described herein above or equipment which can exceed the capacity a rendition of any utility facilities now located within of such services outside the Premises normal times for providing such service, Landlord may (at Landlord's option), upon reasonable advance notice from Tenant to Landlord, furnish such services, and Tenant agrees to pay Landlord upon demand Landlord's additional expenses resulting therefrom. Landlord may, from time to time during the Term, set a per hour charge for after hours service which shall include the utility, service, labor, and administrative costs and a cost for depreciation of the equipment used to provide such after hours service. Should Landlord consent to a Tenant request for additional telecommunications services to the Project or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee Tenant shall pay on demand and as additional rent Additional Rent the costs thereof, including without limitation actual installation, operation, repair and maintenance costscharges for such use, including the net of installing any necessary additional riser capacity, plus ten percent (10%) of such expense for Landlord's overhead.

Appears in 1 contract

Samples: Office Building Lease (Mediquik Services Inc)

Services and Utilities. Lessee Tenant shall make all arrangements for and pay during the Lease Term (for all utilities and prior services furnished to delinquency) all charges for wateror used by it, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, powergas, electricity, telephoneheating, janitorial air conditioning and other ventilation, janitorial, water, sewage, telephone service, trash pick-upcollection, sewer including any taxes thereon, and for all connection charges, except for those utility and services Landlord is to acquire for the account of the tenants to service the Common Area. Landlord may choose, in Landlord's reasonable discretion, the company or companies that will provide all electricity (or any other services utility) to the Project, and, in such event, Tenant shall pay for electric current (or such other utility) 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 (or such other utility) shall be measured in the manner set forth above 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 switch providers of any such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the electric (or consumed on other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Lessee 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 arrange indemnify, defend, and pay for hold harmless Landlord from and against all gas losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant's electricity separately metered provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant's electricity provider fails to provide sufficient power to the Premises. Janitorial services for , as well as damages resulting from the improper or faculty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant's electricity provider. Landlord may provide telecommunications lines and telephone services required systems as discussed in Section 35. hereof. 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 Lessee shall also be arranged and paid for by Lessee. The lack reason of, (a) the installation, use or shortage interruption of use of any service or utility described equipment in this Article due to connection with the furnishing of any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the termsforegoing services, conditions and covenants (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 Lease and pay all Rentals due hereunder without diminutionLandlord, credit or deductionby the making of necessary repairs or improvements to the Premises, Building or Project, (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. Lessor Landlord shall not be liable under any circumstances for a loss of or injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or through, in connection with or incidental to the failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas 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 Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsservices.

Appears in 1 contract

Samples: Lease Agreement (Nve Corp /New/)

Services and Utilities. Lessee shall pay Landlord will furnish the Premises air conditioning and heating during the Lease Term (and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premisesseasons they are required in Landlord's reasonable judgment. Lessee shall arrange and pay Landlord will furnish adequate electrical power for all gas powered office machines and electricity separately metered to the Premiseslighting. Janitorial Landlord will provide: water; elevator service; exterior window cleaning service; and janitorial service after 6:00 p.m. Monday through Friday only (excluding Federal and Commonwealth of Virginia holidays). Landlord will furnish all services for the Premises and telephone services utilities required by Lessee shall this Lease only during the normal hours of operation of the Building, as set forth in the rules and regulations attached hereto as Exhibit D, unless otherwise specified herein. It is also be arranged and paid for by Lessee. The lack agreed that if Tenant requires air conditioning or shortage heat beyond the normal hours of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunderoperation set forth herein, and Lessee provided arrangements are made with Landlord's agent, Landlord will furnish such services (at the price stipulated by Landlord from time to time) which shall faithfully keep be comparable to prices for similar services charged by owners of similar buildings in the greater Norfolk metropolitan area, at Tenant's expense. It is understood and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor agreed that Landlord shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish or for delay or suspension in furnishing, any of the foregoingutilities or services required to be provided or per-formed by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, voluntary agreement between Landlord and any governmental body or agency or from any other cause whatsoever. Lessee It is further agreed that any such failure or inability to furnish the utilities or services required hereunder shall not connect be considered an eviction, actual or permit connection with electric currentconstructive, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to of Tenant from the Premises, Lessee and shall first procure the written consent of Lessor, which Lessor may refuse for any reason, not entitle Tenant to the use thereof and Lessor may cause a water, gas meter terminate this Lease or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost an abatement of any such meters and of installationrent payable hereunder provided, maintenance and repair thereof shall be paid for by however, that if the Lessee and Lessee agrees to pay Lessor, aforesaid utilities or services are interrupted as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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 result of the waternegligence or willful misconduct of Landlord for a period of more than three (3) consecutive business days, gas and electric current so consumedXxxxxx is unable to operate its business in, or occupy the Premises, the rent payable hereunder shall xxxxx until such interruption is remedied. If a separate meter Landlord shall use reasonable diligence to repair promptly any failure, interruption or suspension which is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsLandlord's control.

Appears in 1 contract

Samples: Office Lease (Consumer Portfolio Services Inc)

Services and Utilities. Lessee (a) Landlord shall pay maintain the Common Areas, including lobbies, stairs, elevators, corridors and rest rooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in good order and condition, except for damage occasioned by the act of Tenant, its agents, servants, employees or invitees, which damage shall be repaired by Landlord at Tenant's expense. In addition, Landlord, at its own cost and expense, shall, during the Term of the Lease: (i) subject to the limitation set forth in Paragraph 2(b) hereof, remedy any Latent Defects in construction work; (ii) keep in good order and repair during the Term of the Lease Term (and prior to delinquencyany extensions and renewals thereof) all charges for waterexterior portions of the Premises including, gasbut without limitation, light the roof, walls, gutters, downspouts, interior roof drains or conductors, etc.; and (iii) make any and all repairs to all concealed plumbing within the Premises (including, without limitation, replacement ballastsseptic tanks, tubes if any, and bulbsthe sprinkler system), heatas well as sewer, gas, electric and other utility lines up to but not within the Premises unless such repairs are required by the negligent acts of Tenant, its employees, agents or invitees. If Landlord fails to proceed promptly, taking in to consideration the nature of such defect, to remedy any such defect to Tenant's satisfaction after receipt of such notice from Tenant, the Tenant, after not less than seven (7) days additional notice to Landlord (except that no notice shall be required under emergency conditions or where Tenant's operations shall be materially adversely affected) may, but shall not be obligated to, remedy such defects. All sums expended by Tenant to cure such defects shall be paid by the Landlord to Tenant upon demand with interest at the rate of eight percent (8%) per annum from the date Tenant makes such payment(s). Without limiting the generality of the foregoing covenants on the part of the Landlord to remedy defects and without releasing the Landlord therefrom, any and all guarantees and warranties given to the Landlord by a manufacturer, contractor or subcontractor for any and all supplies, material, equipment (including replacement equipment) or labor, whether related to the particular items hereinbefore specified or not, shall inure to the benefit of the Tenant. (b) Provided there does not exist any uncured Event of Default hereunder, and subject to the provisions contained elsewhere herein and in the Rules and Regulations, Landlord agrees to furnish to the Premises during ordinary business hours of generally recognized "Business Days" (as hereinafter defined), to be determined by Landlord (but exclusive in any event of Sundays and legal holidays), heat and air conditioning required for the comfortable use and occupancy of the Premises from 8:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to 1:00 p.m. on Saturdays; janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the immediate market area, and elevator service. Landlord shall be under no obligation to provide additional or after-hours heating or air conditioning, powerbut if Landlord elects to provide such services at Tenant's request, electricityTenant shall pay to Landlord a charge for such services as set forth below in Paragraph 38. Tenant agrees to keep and cause to be kept closed all window coverings, telephoneif any, janitorial servicewhen necessary because of the sun's position, trash pickand Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Whenever heat-upgenerating machines, sewer beyond those customarily used for office purposes, excess lighting or equipment are used in the Premises which materially affect the temperature otherwise maintained by the air conditioning system, Landlord shall notify Tenant thereof and all other services supplied within thirty (30) days after such notice, Tenant shall elect to: (i) discontinue use of such equipment, machine or lighting; (ii) pay to Landlord as Additional Rent an agreed upon fee per hour during the periods that Tenant uses such equipment, machine or consumed on lighting; or (iii) cause Landlord to install supplementary air conditioning units and metering devices for such units in the Premises; and the cost thereof, including the cost of electricity and/or water therefor, shall be paid by Tenant to Landlord within ten (10) days after written demand by Landlord. Lessee shall arrange and pay for all gas and electricity separately metered Landlord agrees to furnish to the PremisesPremises electricity for general office purposes, meeting the requirements set forth in the Work Letter, and water for lavatory and drinking purposes, subject to the provisions of subparagraph 5(c) below. Janitorial Except as provided in Paragraph 39 below, Landlord shall in no event be liable for any interruption or failure of utility services for to the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of Lessor, which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter result thereof. (c) If Tenant shall require water or electric current or any other resource materially in excess of that usually furnished or supplied for use of the Premises as general office space (it being understood that such an excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Landlord shall notify Tenant thereof and, within thirty (30) days after receipt of such notice, Tenant shall elect to: (i) discontinue use of such equipment, machine or lighting; (ii) pay to Landlord as Additional Rent an agreed upon fee per hour during the periods that Tenant uses such equipment, machine or lighting; or (iii) cause Landlord to install a special meter to be installed in the Premises so as to measure the amount of water, gas and electric current or other resource consumed solely for any such other use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee Tenant, and Lessee Tenant agrees to pay Lessor, as additional rent Landlord promptly upon demand therefor by Lessor, Landlord for all such water, gas and electric current consumed or other resource consumed, as shown by said meters, at the rates charged for such services to Landlord by the local public utility furnishing the same. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, plus nor shall the rental herein reserved be abated by reason of: (i) the installation, use or interruption of use of any additional expense incurred equipment in keeping account connection with the furnishing of any of the waterforegoing utilities and services; (ii) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord; or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a or any other form of energy or any other service or utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within whatsoever serving the Premises or the Building. If Lessee requires additional capacityFurthermore, Lessee Landlord shall request Lessor be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing consumption of energy, water or any other resources. (d) Any sums payable under this Paragraph 5 shall be considered Additional Rent and may be added to any installment of Rent thereafter becoming due and shall accrue late charges as Rent as set forth in subparagraph 19(g) of this Lease, and Landlord shall have the same remedies for a default in payment of such sums as for a default in the payment of Rent. (e) Tenant shall not provide any janitorial services without Landlord's prior written consent and then only subject to supervision of Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. Any such capacityservices provided by Tenant shall be at Tenant's sole risk, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand cost and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costsresponsibility.

Appears in 1 contract

Samples: Lease Agreement (Synquest Inc)

Services and Utilities. Lessee 6.1 Tenant, at Tenant’s sole cost and expense shall arrange with local utility companies for all utilities which may be required by Tenant, including gas, electricity, water, telephone, internet, and alarm and other communication services (collectively “Services”) to be supplied to the Premises and Tenant shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light such Services (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all for any other utility or other services which shall be used, rendered or supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with the Premises) directly to the utility company providing such Services. All such Services shall be separately metered or incidental sub-metered. Tenant shall comply with all contracts relating to failure to furnish any the Services and will do all other things required for the maintenance and continuance of all such Services as are necessary for the proper maintenance and operation of the foregoingPremises, including obtaining any required permits, licenses, approvals or authorizations; provided, however, that Landlord shall be solely responsible for the repair and maintenance of all Building systems. Lessee If any charge, cost or expense for any Services shall not connect or permit connection with electric currentbe paid when due and payable, gas or water supply linesLandlord may (but shall not be obligated to) pay the same, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premisesin which event Tenant shall reimburse Landlord upon written demand. If Lessee should require additional water, gas and/or electric current, Landlord shall have no obligation to the extent not separately metered provide any Services to the Premises. 6.2 No change, Lessee shall first procure failure, defect, unavailability, or unsuitability in the written consent supply or character of Lessor, which Lessor may refuse for any reason, the utility services furnished to the use thereof and Lessor may cause a waterPremises shall constitute an actual or constructive eviction, gas meter in whole or electric current meter in part or entitle Tenant to be installed in any abatement or diminution of Rent or other claim for damages, nor relieve Tenant from any of its obligations under this Lease, unless caused by the Premises so as to measure the amount negligence or misconduct of water, gas and electric current consumed for Landlord. Should any such use. The cost malfunction of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas 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, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company systems or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located occur within the Premises or should maintenance or alterations of such systems or facilities become necessary, Tenant, at Tenant sole cost, shall repair the Building. If Lessee requires additional capacitysame promptly and with reasonable diligence, Lessee and Tenant shall request Lessor to provide have no claim for rebate, abatement of Rent, or damages because of malfunctions or any such capacity, which request Lessor may refuse interruptions in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent service unless caused by the costs thereof, including without limitation installation, operation, repair and maintenance costsnegligence or misconduct of Landlord.

Appears in 1 contract

Samples: Lease Agreement (AmpliTech Group, Inc.)

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