Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.
Appears in 3 contracts
Samples: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Services and Utilities. As long as Tenant is not Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in default under any its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's reasonable judgement for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's actual costs therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 2 contracts
Samples: Lease Agreement (Dovebid Inc), Lease Agreement (Dovebid Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 2 contracts
Samples: Office Building Lease (Photon Dynamics Inc), Lease Agreement (Air Methods Corp)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord’s charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (I) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, computers, servers and associated equipment using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinPremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the use of Premises or as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.
Appears in 2 contracts
Samples: Commercial Lease (Investment Grade R.E. Income Fund, L.P.), Commercial Lease (Investment Grade R.E. Income Fund, L.P.)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the confortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for Landlord-furnished lightingany damages directly or indirectly resulting from, toilet room suppliesnor shall the Rent be abated by reason of (i) the installation, window washing at use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable intervalscontrol of Landlord or by the making of necessary repairs or improvements to the Premises, and customary building janitorial serviceBuilding or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premies, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed at shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Samples: Office Building Lease (Proflight Medical Response Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any of the provisions of this Leasehereunder, Landlord shall maintain agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord in its reasonable discretion, and subject to the public rules and common areas regulations of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with 11 electricity for normal lighting and the operation of low-power-usage normal and customary office machinesmachines and equipment, heat and normal air conditioningconditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises, and elevator service during ordinary business hoursjanitorial service. Landlord shall also provide light replacement service lighting for Landlord-furnished lightingthe common stairs, common entries and toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicerooms in the Building. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction in the Rent due hereunder by reason of Landlord's failure to Tenant furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for any loss of or damage caused by injury to property, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing any Wherever machines or equipment are used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain which affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the Buildingcost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. If Tenant uses shall not, without the prior written consent by Landlord, use any high-power-usage equipment apparatus or device in the Premises, including by way of illustration and not limitation, electronic data processing machines, punch card machines and machines using in excess of 120 volts, which will in any way increase the amount of electricity used above that usually furnished or supplied for the use of the Premises as general office space; nor connect any apparatus or device with electric current lines except through existing electrical outlets in the Premises. If Tenant desires to use water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall request the same from Landlord in advancewriting. Landlord may refuse such request, on but such refusal shall not be unreasonable. If such request is granted, Landlord shall cause a separate water meter or electrical current meter to be installed in the first day Premises to measure the amount of each month during the least termwater or electric current consumed. The Tenant agrees to pay promptly upon demand therefor from Landlord, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of any such meters and of the installation, maintenance and repair thereof, and the charges for all water and electric current consumed as shown by said meters in excess of the amount consumed in connection with the use of the Premises as general office space, at the rates charged for such services by the utility furnishing electricity the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the Tenant agrees to pay the cost for such excess water and electric current as established by an estimate of the amount of such excess use made by a utility company or electrical engineer selected by Landlord. If Tenant requires heating, ventilating or air conditioning for the operation Premises outside of the normal and customary business hours for the Building (currently Monday through Friday, 7:00 a.m. to 6:00 p.m., and Saturdays, 8:00 a.m. to 4:00 p.m., excluding holidays), then Landlord will furnish the same for the hours specified in a request from Tenant (which request will be made at the time and in the manner reasonably designated by Landlord for such equipment. The monthly Rent stated in Subsection 1.g hereof does not requests from time to time), and for this service Tenant will pay Landlord the hourly rate reasonably determined by Landlord from time to time, which rate may include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior service to delinquency all personal property taxes payable with respect to all property areas of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentin addition to the Premises.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, 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 provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under 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. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the provisions foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of this LeaseLandlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Except for Landlord's gross negligence, Landlord shall maintain not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in quantities that cause, produce or which individually produce more heat than customary for an office use in the Premises and the public and common areas use of such equipment or machines affect the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned temperature otherwise maintained by the act HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or omission device in the Premises, which consumes more electricity than is usually furnished or supplied for the use of Tenantpremises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current, except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electric current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair of which damage shall be paid for by Tenant. the Tenant and Tenaxx xxxees to pay Landlord shall furnish promptly upon demand for all such water and electric current consumed as shown by said meters, at the Premises with electricity rates charged for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to by the local public utility plus any cause whatsoeveradditional expense incurred in keeping account of the water and electric current so consumed. No temporary interruption or failure of If a separate meter is not installed, the excess cost for such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control water and electric current shall be deemed established by an eviction of Tenant estimate made by a utility company or relieve Tenant from any of electrical engineer hired by Landlord at Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinexpense. Tenant shall pay prior to delinquency all personal property taxes payable make arrangements with respect to all property of Tenant located on the Premises or the Building telephone company and shall provide promptly, upon request of Landlord, written proof of such paymentother public utilities for those other services desired by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Tcsi Corp)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Samples: Commercial Office Building Lease
Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under any of this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) electricity and heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall maintain not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, except for electricity and heat and air conditioning charges, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service.
13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the public cost thereof, including the cost of installation and common areas the cost of operations and maintenance, shall be paid by Tenant to Landlord within five (5) days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 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 BuildingPremises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such as lobbies, stairs, corridors excess water and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission electric current. The cost of Tenant, the repair of which damage any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord shall furnish within five (5) days of Landlord’s demand , the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with electricity for lighting any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the operation provisions of low-power-usage office machines, heat Articles 6 and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat26, Tenant shall obtain be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written permission consent of Landlord, which consent may be withheld in Landlord’s sole and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildingabsolute discretion. If Tenant uses any high-power-usage equipment in the Premises, Tenant Landlord’s shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated no event be liable for disruption in any service obtained by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount Tenant pursuant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis paragraph.
Appears in 1 contract
Samples: Lease Agreement (Intrusion Inc)
Services and Utilities. As 13.1 Landlord will furnish to the Premises during the normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the Viable Building Standards: electricity; elevator service; an access-control system for the Building; maintenance of the grounds surrounding the Building, including snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water supply, and furnishing of lavatory supplies; and exterior window-cleaning service. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 4:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system sole tenant of the Building. If Tenant uses requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same. During any highperiod in which the Building is multi-power-usage equipment in the Premisestenanted, Tenant shall give Landlord reasonable advance notice of any required after-hours HVAC service and Tenant shall pay for Tenant requested HVAC service in advanceexcess of sixty-eight (68) hours per week in accordance with Landlord's direct costs for providing such extra service, which shall compensate Landlord for Landlord's actual costs of furnishing such extra service, without markup. Notwithstanding anything contained herein to the contrary, if Tenant's hours of operation exceed four thousand one hundred sixty (4,160) hours in any Lease Year, Tenant shall pay to Landlord, as additional rent hereunder, an amount that would compensate Landlord for the excess wear on those building systems, the useful lives of which are shortened by such excess hours of operation (collectively, the "BUILDING SYSTEMS"), as follows. First, the hourly cost of the Building Systems (the "HOURLY BUILDING SYSTEMS COST") shall be determined by taking the total original cost of the Building Systems and dividing that figure by the product of (i) 4,160, multiplied by (ii) the weighted average of the number of years of useful life of the Building Systems, based upon the expected useful life thereof as stated by the manufacturers thereof or, in the absence of such a determination, based on the expected useful life publicized in the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Handbook - HVAC Applications, or similar industry guidelines. The Hourly Building Systems Cost shall be subject to adjustment on the first day of each the second Lease Year and annually thereafter based on annual increases in the Consumer Price Index (as defined in the Phased Development Agreement), as follows. Such adjustment shall be made by subtracting the Consumer Price Index for the month during in which the least termLease Commencement Date falls (the "BEGINNING INDEX") from the Consumer Price Index for the first month of the Lease Year for which the adjustment is being made (the "ADJUSTMENT INDEX") and dividing that figure by the Beginning Index. The amount so determined shall be multiplied by the initial unescalated Hourly Building Systems Cost to arrive at the adjusted Hourly Building Systems Cost for the Lease Year for which the adjustment is being made. The additional rent payable on account of excess wear on the Building Systems for any Lease Year (the "EXCESS OPERATING HOURS RENT") shall be equal to the product of (x) the Hourly Building Systems Cost (as escalated), pay Landlord as Additional Rent multiplied by (y) the reasonable amount estimated by Landlord as number of Tenant's hours of operation in that Lease Year in excess of 4,160. For example, if the original cost of furnishing electricity for the Building Systems were $2,000,000 and the average useful life thereof were ten (10) years, then the Hourly Building Systems Cost would be $48.07 ($2,000,000 / 41,600). If Tenant's hours of operation of such equipmentin the first Lease Year were 4,420, then the excess hours over 4,160 would be 260 hours. The monthly Multiplying 260 by the Hourly Building Systems Cost ($48.07) would result in Excess Operating Hours Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to the first Lease Year equal to $12,498.20. In the same example, if the percentage increase in the Consumer Price Index between the Lease Commencement Date and the first day of the second Lease Year were three percent (3%), then the Hourly Building Systems Cost for the second Lease Year would be $49.51. If Tenant's hours of operation in the second Lease Year were 4,680, then the excess number of hours (520), multiplied by the escalated Hourly Building Systems Cost ($49.51), would result in Excess Operating Hours Rent payable with respect to the second Lease Year equal to $25,745.20. Landlord shall make a determination as to whether Excess Operating Hours Rent is payable in accordance herewith following the conclusion of each Lease Year and shall provide notice thereof to Tenant. The amount due from Tenant pursuant to each such notice from Landlord shall be payable within fifty (50) days following demand therefor; provided that, if Tenant disputes Landlord's determination, then the matter shall be submitted to binding arbitration in accordance with Article XXVIII below. Landlord agrees to provide an access control system for the Building that will afford Tenant access to the Premises twenty-four (24) hours per day every day of the year. At least one (1) elevator serving the Premises shall be in service at all property times. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities during hours in excess of 68 hours per week unless Tenant agrees to compensate Landlord for the costs of such services and utilities.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant located on from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the Building "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), then all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant's failure to timely pay for any electricity that is billed directly to Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a Suspension Event and shall provide promptlynot entitle Tenant to any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
13.3 Tenant shall employ its own contractor or personnel to furnish char and janitorial service to the Premises, and shall pay for such services directly to the contractor employed by Tenant for such purpose. Tenant's janitorial contractor, and the cleaning specifications incorporated into Tenant's contract with its janitorial contractor, shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Such services shall be provided in accordance with cleaning standards customarily maintained in first-class suburban office buildings in the North Bethesda/Rockville/Gaithersburg corridor. In the event Landlord reasonably determines that the Premises are not being kept clean in accordance with such standards, Tenant agrees to take all measures reasonably required by Landlord for the proper cleanliness of the Premises in accordance with such standards upon request of notice from Landlord. If Tenant fails to institute such measures promptly after notice from Landlord, written proof Landlord shall have the right, at its option, to provide cleaning and janitorial services for the Premises in accordance with such standards and to charge Tenant all reasonable costs and expenses incurred in connection therewith, together with a fee equal to fifteen percent (15%) of such paymentcosts and expenses so incurred, as additional rent hereunder. Except in situations posing an emergency or a health hazard or danger to persons or property, Landlord shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for a period of fifteen (15) days after Landlord has given notice to Tenant of such violation or failure; provided that if such violation or failure is not susceptible of being cured within such fifteen (15) day period, Landlord shall not undertake any action if Tenant commences curative action within such fifteen (15) day period and proceeds diligently thereafter to cure such violation or failure until completion. If Tenant so requests at any time during the Lease Term, Landlord will arrange for janitorial service to be furnished to the Premises by Landlord's janitorial contractor; provided that, in such instance, the two percent (2%) limit on the management fee specified in Section 4.2(a)(ix) hereof shall be increased to two and one-fourth percent (2.25%). -38- 39
13.4 In the event Tenant determines that the services being furnished by any contractor (excluding the property manager) employed by Landlord are unsatisfactory, in Tenant's reasonable judgment, Tenant shall deliver written notice to Landlord specifying in detail the manner in which the services are deemed deficient. If the deficiencies are not, in Tenant's reasonable judgment, substantially corrected during the next succeeding thirty (30) days, then Tenant may deliver a further notice to Landlord advising Landlord of such fact, and, provided Landlord will not incur any liability to the contractor as a result thereof, Landlord shall terminate the contract of such deficient contractor and select a qualified replacement contractor. Landlord shall not be deemed to incur any such liability if Tenant agrees to assume responsibility for any such liability. Landlord shall include a thirty-day termination for convenience clause in any service contracts in which such a clause is customary.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord’s charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as Lessor’s Initials Lessee’s Initials determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electrical current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the Rules, Regulations and Procedures of the provisions Building of this Lease, Landlord shall maintain which the Premises and the public and common areas of the Buildingare a part, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for normal lighting and the operation of low-power-usage fractional horsepower office machines, heat and normal air conditioningconditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to Tenant furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for any a loss or damage caused by injury, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing any Wherever heat generating machines or equipment are used in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, and the cost of operation and maintenance thereof shall be paid by Tenant shall obtain the to Landlord upon demand by Landlord. Tenant will not, without written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in advance, on the first day excess of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity that usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Premises as general office space, Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on first procure the Premises or the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such paymentuse. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be reasonably estimated by Landlord, and paid by Tenant.
Appears in 1 contract
Services and Utilities. As long (a) Subject to the provisions of paragraph (c) below, Landlord agrees that all water, sewer, electricity, gas, telephone and other utilities will be available to the Premises in sufficient quantities to meet Tenant's reasonably anticipated requirements for general office use.
(b) Tenant agrees to pay directly to the service provider or, if not separately billed, to Landlord as additional rent, all water rent and sewer service charges chargeable to the Building. Tenant is shall pay all costs of electricity, gas, telephone and other utilities used or consumed on the premises, together with all taxes, levies or other charges on such utilities. If Tenant defaults in payment of any such utilities, charges or taxes, Landlord may, at its option following not less than ten (10) days prior written notice to Tenant, pay the same for and on Tenant's account, in which Tenant shall promptly reimburse Landlord therefor.
(c) Landlord agrees to provide reasonable roof and exterior Building and exterior site maintenance, repair, refurbishing, and landscaping, maintenance, repair, refuse removal from the exterior dumpster (it being understood that Tenant will be responsible for its own refuse removal within the interior of the premises), snow removal, illumination of the parking and common areas within the Property (as defined in Section 6, below). Tenant shall, at its own expense, provide its own janitorial and maintenance services for maintenance of the interior of the Premises throughout the term of the Lease, and shall keep all trash and debris properly stored until picked up at Tenant's expense.
(d) Landlord shall not be in default under hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rent be abated by reason of (i) the installation, use of interruption of use of any equipment in connection with the furnishing of any of the provisions of services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, Landlord shall maintain or by the Premises and making of necessary repairs or improvements to the public and common areas premises or Building; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, gas or any other form of energy serving the premises of Building, such as lobbiesexcept in each case to the extent caused by Landlord's negligence and willful acts and that of Landlord's agents, stairsemployees, corridors contractors, invitees and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicelicensees. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for property or business, however occurring, through or in connection with or incidental to failure to furnish any loss or damage such services, except to the extent caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises negligence and willful acts and that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord's agents, employees, contractors, invitees and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentlicensees.
Appears in 1 contract
Samples: Office Lease (Neustar Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any 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 provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditions ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefore on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines, or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as defined in paragraph 8(as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, landlord may have installed a water meter or electrical current meter in the Promises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately measured, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Samples: Lease Agreement (Mounger Corp)
Services and Utilities. As long as A. Provided Tenant is shall not be in default under any hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgment, customarily furnished in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, "as is," and suitable for the Permitted Use, and for Tenant's intended operations in the Premises. Landlord shall have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord elects to provide such services at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid by Tenant to Landlord upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as determined by TenantLandlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall furnish may add to the Premises with electricity for lighting and separate or metered charge a recovery of additional expense incurred in keeping account of the operation of low-power-usage office machinesexcess water, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceelectric current or other resource so consumed. Landlord shall not be liable to Tenant for any loss damages directly or damage indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or resulting from the elements, labor disturbances of any variation, interruptioncharacter, or failure to such services any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any cause whatsoever. No temporary interruption other form of energy or failure any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services incident to the making of repairsPremises or the Building, alterations, whether by Regulation or improvements, otherwise; nor shall any such occurrence constitute an actual or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in advancea reasonable manner with the efforts of national, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipmentstate or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The monthly Rent stated in Subsection 1.g hereof does not include obligation to make services available hereunder shall be subject to the limitations of any amount such voluntary, reasonable program. In addition, Landlord reserves the right to cover change the cost supplier or provider of furnishing electricity for any such purpose unless so stated hereinutility or service from time to time. Tenant shall pay prior have no right to delinquency all personal property taxes payable contract with or otherwise obtain any electrical or other such service for or with respect to all property of Tenant located on the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith.
C. Tenant shall provide promptlypay, upon request demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant, Tenant's Proportionate Share of Landlord, written proof of such paymentall charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under hereunder, 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; Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the provisions foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of this LeaseLandlord, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned or by the act making of necessary repairs or omission improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of Tenantwater, electricity, gas or any other form of energy serving the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machinesPremises, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceBuilding or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heatwhich affect the temperature otherwise maintained by the HVAC system, Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Landlord shall furnish electric service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. As So long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain provide the following facilities and services to Tenant the costs of which shall be included as Operating Expenses:
A. Central heating and air conditioning during the seasons of the year when these services are normally and usually furnished, and within the temperature ranges and in such amounts normally or usually furnished in comparable office buildings in North Sioux City, South Dakota with Tenant to pay its proportionate share of the cost of utilities incurred to provide such heating and air conditioning within thirty (30) days of Landlord’s invoice therefor.
B. Cleaning of the lobby in Landlord's standard manner and provision of water services to lavatories as normally or usually furnished in comparable office buildings in North Sioux City, South Dakota.
C. Electrical facilities to furnish sufficient electrical power to Tenant's equipment installed in accordance with Section 13 hereof; provided, however, Tenant shall be responsible to pay any and all costs associated with the use and consumption of any such electrical utility services as Operating Expenses.
D. Access to the Premises and on a full-time twenty-four (24) hour basis, subject to such regulations as Landlord may impose for security reasons. Landlord shall have no obligation whatsoever to provide guard service or other security measures for the public and common areas benefit of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except Premises or the Project. Tenant assumes all responsibility for damage occasioned by the act or omission protection of Tenant, its employees, agents, invitees and property from acts of third parties. Nothing herein contained shall prevent Landlord, at its sole option, from providing security protection for the repair of Project or any part thereof, in which damage event the non-capital cost thereof shall be paid for included within the definition of Operating Expenses. Tenant hereby acknowledges that existing security improvements are satisfactory. Any failure by Tenant. Landlord shall to furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator foregoing service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variationUnavoidable Delays, interruptionas hereinafter defined, or failure to such from temporary interruption of the foregoing services due to repairs or maintenance, shall not render Landlord liable in any cause whatsoever. No temporary interruption respect for damages to either person or failure of such services incident to the making of repairsproperty, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall nor be deemed construed as an eviction of Tenant Tenant, nor cause an abatement of rent, or relieve Tenant from any of Tenant's obligations hereunderunder this Lease; provided Landlord uses commercially reasonable efforts to restore such services. Before installing For purposes of this Section 16 and of Section 32, the term "Unavoidable Delays" shall mean any equipment in delays due to strikes; labor disputes; shortages of material, labor or energy; acts of God; governmental restrictions; enemy action; civil commotion; fire; unavoidable casualty or other causes beyond the Premises that generates more than a minimum amount control of heat, Tenant shall obtain Landlord and which do not arise from the written permission gross negligence or willful misconduct of Landlord, its officers, agents, employees and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildinglicensees. If any public utility or governmental body shall require Landlord or Tenant uses to restrict the consumption of any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity utility or reduce any service for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building, Landlord and Tenant shall comply with such requirements whether or not the utilities and services referred to in this Section are thereby reduced or otherwise affected, without reduction or adjustment of Rent hereunder. Landlord and its agents shall be permitted reasonable access to the Premises, and the right to install facilities within or through the Premises, in order to install and service the systems deemed necessary by the Landlord to provide to other tenants of the Building the services and shall provide promptly, upon request of Landlord, written proof of such paymentutilities referred to in this Section.
Appears in 1 contract
Samples: Lease (MPC Corp)
Services and Utilities. As long as Tenant is not in default under any of (a) Water and Utilities: Landlord agrees to provide water and other utility services for the Building subject to the provisions of this Lease, Landlord shall maintain paragraph 4(d) hereof. Tenant agrees to pay monthly payment addressed in Section 5 (e) as additional rent Tenant’s pro rata share of water rent and sewer service charges chargeable to the Premises and Building based upon the public and common areas size of the premises in proportion to the total square footage of the Building, unless such as lobbies, stairs, corridors and restroomsutilities are separately metered in which event Tenant shall pay the metered charges. If, in reasonably good order and condition except for damage occasioned by the act or omission of TenantLandlord’s sole judgment, the repair of which damage shall be paid water and sewer charges for by the premises are substantially higher than normal due to Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines’s water usage, heat and normal air conditioningthen Tenant agrees that it will, upon written notice from Landlord, install a water meter, at Tenant’s expense, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, thereafter pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity all water charges for the operation of premises based on such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinmeter readings. Tenant shall pay prior all costs of electricity, gas, telephone and other utilities used or consumed on the premises, together with all taxes, levies or other charges on such utilities. If Tenant defaults in payment of any such utilities, charges or taxes, Landlord may, at its option, pay the same for and on Tenant’s account, in which Tenant shall promptly reimburse Landlord therefor.
(b) HVAC Maintenance, Trash Removal, Common Area Lighting: Landlord agrees to delinquency all personal property taxes payable with respect to all property provide the following services: (i) maintenance, repair and replacement of Tenant the HVAC system serving the premises; (ii) trash removal from the dumpster located on the Premises or exterior of the building, it being understood that Tenant shall have the obligation to remove all trash from the premises and place the same within the dumpster; and (iii) reasonable Building and exterior site maintenance and illumination of the parking and common areas within the property, including snow and ice removal. Tenant agrees to pay its pro rata share of the cost of all of the foregoing services (excluding HVAC repair or replacement which shall provide promptlybe paid solely by Landlord) as part of “Operating Costs” as set forth in Section 5 hereof.
(c) Specialty HVAC Maintenance: Tenant shall maintain and repair Tenant’s separate HVAC equipment and other separate climate control equipment for any computer or similar equipment, upon request of Landlordif any, written proof of such paymentdesigned specifically for Tenant (e.g. for a computer or telephone room), whether the same was installed initially, or at a later date, by Landlord or by Tenant.
Appears in 1 contract
Samples: Lease (Tessco Technologies Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises, during generally recognized business days and during hours determined by Landlord, in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such services upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefore on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stars, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of: (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services; (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project; or (iii) the "limitation, and customary building janitorial servicecurtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variationin connection with or incidental to, interruption, or failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including without limitation, machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in advancethe Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the premises as general office space (as determined by Landlord), on without first procuring the first day written consent of each month during Landlord, which Landlord may refuse, and in the least termevent of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as Additional Rent shown by said meters, at the reasonable amount estimated rates charged for such services by the local public utility plus any additional expense incurred in keeping account of water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord as at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expenses incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the cost of furnishing electricity maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Samples: Sublease (Aurum Software Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for customary office and copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. As long as Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default under any hereunder. Services and utilities shall include reasonable quantities of electricity, heating, ventilation and air conditioning (HVAC) as required in Landlord's reasonable judgment for the comfortable use and occupancy of the provisions of this Lease, Landlord shall maintain Premises; lighting replacement for building standard lights; window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenantarea. Landlord shall furnish the Premises with electricity supply common area water for lighting drinking, cleaning and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursrestroom purposes only. Landlord shall also provide light replacement maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord's charges therefor on demand. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (b) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (c) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through, in connection with or resulting from any variation, interruption, or incidental to the failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain not, without the prior written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including, without limitation, electronic data processing machines, punch card machines, word processing equipment, personal computers, or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated desk top office equipment and photocopy equipment ordinarily in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinuse in premises designated as general office space, as determined by Landlord. Tenant shall pay prior not connect any apparatus to delinquency all personal property taxes payable with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse. In the event of consent, electrical current shall be separately metered in Tenant's name and paid for by Tenant. The cost of any such paymentmeter and its installation, maintenance and repair shall be paid by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Midwest Medical Insurance Holding Co)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (HVAC) as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatInstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current In excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord) without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at Its sole cost.
Appears in 1 contract
Samples: Office Lease (Valuestar Corp)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except Tenant shall pay Landlord's charges there for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourson demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and rest rooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the, installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing. any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, In connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatInstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant agrees to pay to Landlord promptly upon demand for all utilities consumed as shown by said meters, at the rates charged for such services by the utilities plus any additional expense incurred in keeping account of the utilities so consumed. Nothing contained in this Article shall restrict Landlord's right to require at any time additional separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall obtain pay promptly upon demand for all utilities consumed at utility rates charged by the written permission of Landlord, and utility providers plus any additional expense incurred by Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system in keeping account of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless utilities so stated hereinconsumed. Tenant shall pay prior be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish such services, if any, as are customarily furnished to delinquency all personal property taxes payable with respect to all property of Tenant located on comparable facilities in the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Samples: Lease Agreement (Air Methods Corp)
Services and Utilities. As long as (a) Tenant is not in default under any shall contract directly with the appropriate utility company for the supply of electricity to the provisions of this LeasePremises, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenantseparately metered. Landlord shall furnish use its best reasonable efforts to provide HVAC services during Business Hours. Landlord shall also use its best reasonable efforts to provide electrical services to the Premises with electricity distribution to each floor of the Premises in accordance with Landlord's Plans.
(b) Landlord, in accordance with Landlord's Plans, shall provide facilities for lighting delivery of city water from the regular Building outlets for drinking, lavatory and toilet purposes. Tenant shall have the right to add to or access the water systems for the Building and to provide supplemental water systems to service the Premises in accordance with Tenant's Improvement Plans approved by Landlord.
(c) Landlord shall provide heating, ventilation and air conditioning ("HVAC") in accordance with the Project Documents (as defined in the Work Letter). Landlord shall, at all times during the Term, maintain in effect a full service maintenance contract on the HVAC system in the Building with a reputable HVAC contractor and a full service maintenance contract on the elevators in the Building with a reputable elevator maintenance contractor. Landlord shall use reasonable efforts to have included in such contracts a provision requiring the contractor to respond to any applicable service failure within two (2) hours of notification of any such service failure; PROVIDED, HOWEVER, LANDLORD SHALL NOT BE DEEMED TO BE IN DEFAULT OF THE FOREGOING OBLIGATION IF SUCH RESPONSE TIME IS NOT GENERALLY AVAILABLE ON COMMERCIALLY REASONABLY TERMS AND CONDITIONS IN SAN DIEGO COUNTY.
(d) Landlord shall operate those portions of the Building that Landlord is required to maintain under Section 7.02 and all portions of the Project Common Areas and the Parking Area in accordance with a standard of operation commensurate with the general standard of operation of low-power-usage Class "A" office machinesbuildings located in San Diego County.
(e) Landlord shall provide during the Business Hours, heat as a Project Operating Expense, utilities and normal air conditioningmaintenance to the Project Common Areas and Parking Area.
(f) Landlord shall provide janitorial services in and about the Premises, the Building Common Areas and elevator service during ordinary business hoursthe restrooms in the Project Common Areas serving the Premises on Mondays through Fridays, except on Holidays. Landlord shall also provide light replacement service window-washing services for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. the Building in accordance with that provided to comparable buildings but in no event less than two (2) times per year.
(g) Landlord shall not be liable to Tenant for any loss failure or damage caused interruption of any utility or service (a "Service Failure"), and Tenant shall not be entitled to any reduction or abatement of Rent on account of any such failure or interruption, unless such failure or interruption is shown by Tenant to be directly attributable to the gross negligence or intentional acts of Landlord, its agents or employees, or unless Landlord fails to maintain in effect during the Term a full service maintenance contract on the Building HVAC system and elevators pursuant to Section 6.08(c) above. In the event of any such interruption or failure of any services or utilities provided in this Lease resulting from any variationthe gross negligence or intentional acts of Landlord, interruptionLandlord's agents or employees, or failure to such services due to any cause whatsoever. No temporary Tenant's sole remedy shall be the equitable abatement of Base Rent for the duration of the interruption or failure of such services incident Service Failure, which abatement shall not commence until Tenant has first provided notice to the making of repairs, alterations, Landlord and given ten (10 ) days to cure such interruption or improvements, failure. If a Service Failure creates imminent danger to human safety or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heatproperty, Tenant shall obtain be entitled to cure the written permission of Landlord, Service Failure and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If shall reimburse Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of costs incurred by Tenant in curing such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentService Failure.
Appears in 1 contract
Samples: Office Lease (Jni Corp)
Services and Utilities. As long as A. Provided Tenant is shall not be in default under any hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be reasonably determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgment, customarily furnished in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, "as is," and suitable for the Permitted Use, and for Tenant's intended operations in the Premises. Landlord shall have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord elects to provide such services at Tenant's request, Tenant shall pay to Landlord, upon demand, a reasonable charge for such services as reasonably determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid by Tenant to Landlord upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, and the Permitted Use, in each case as of the date Tenant takes possession of the Premises and as determined by TenantLandlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord upon demand as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall furnish may add to the Premises with electricity for lighting and separate or metered charge a recovery of additional expense incurred in keeping account of the operation excess water, electric current or other resource so consumed. Following receipt of low-power-usage office machinesTenant's request to do so, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement use good faith efforts to restore any service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, specifically to be provided under Paragraph 15 that becomes unavailable and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond which is in Landlord's reasonable control to restore; provided, however, that Landlord shall in no case be deemed an eviction liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of Tenant or relieve Tenant from any use of Tenant's obligations hereunder. Before installing any equipment used in connection with the furnishing of any such utilities or services, or any change in the Premises that generates more than a minimum amount character or means of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant supplying or providing any such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses utilities or services or any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.supplier thereof;
Appears in 1 contract
Samples: Annual Report
Services and Utilities. As long as Tenant 13.1 Provided no Event of Default has occurred and is not in default under any of continuing, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises (with Tenant being responsible for the repair and maintenance of the water heater servicing the Premises); (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall maintain pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Txxxxx 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 Txxxxx, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages.
13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the public cost thereof, including the cost of installation and common areas the cost of operations and maintenance, shall be paid by Tenant to Landlord within five (5) days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 wxxxx and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the BuildingPremises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such as lobbies, stairs, corridors excess water and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission electric current. The cost of Tenant, the repair of which damage any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord shall furnish within five (5) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Lxxxxxxx) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with electricity for lighting any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the operation provisions of low-power-usage office machines, heat Articles 6 and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat26, Tenant shall obtain be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written permission consent of Landlord, which consent may be withheld in Landlord’s sole and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildingabsolute discretion. If Tenant uses any high-power-usage equipment in the Premises, Tenant Lxxxxxxx’s shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated no event be liable for disruption in any service obtained by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount Tenant pursuant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis paragraph.
Appears in 1 contract
Services and Utilities. As long A. Tenant shall pay directly for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges and other utilities and services used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. Tenant shall have the right to conduct its business operations within the Premises, and to receive reasonable quantities of water, electricity and HVAC in connection therewith, seven (7) days per week, twenty-four (24) hours per day. If any such services are not separately billed or metered to Tenant, Tenant shall pay a proportion, as Tenant is not in default determined by Landlord, of all charges jointly serving other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder. Landlord shall use reasonable efforts to reasonably capture any material benefit available through deregulation of electricity supply or of the provisions supply of this Leaseother utilities.
B. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, if any, as being sufficient in their present condition, "as is," for the Permitted Use, and for Tenant's intended operations in the Premises. Landlord shall have no obligation to provide additional or after hours electricity, heating or air conditioning but if Landlord elects to provide such services at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat generating machines excess lighting or equipment are used in the Premises which effect the temperature otherwise maintained by the air conditioning system, Landlord shall maintain reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid by Tenant to landlord upon demand by Landlord.
C. Tenant shall not without written consent of Landlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as reasonably determined by TenantLandlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises, if any, as reasonably determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse (which consent shall not be unreasonably withheld, delayed or conditioned), to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall furnish may add to the Premises with electricity for lighting and separate or metered charge a recovery of additional expense incurred in keeping account of the operation of low-power-usage office machinesexcess water, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceelectric current or other resource so consumed. Landlord shall not be liable to Tenant for any loss damages directly or damage indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or resulting from the elements, labor disturbances of any variation, interruptioncharacter, or failure to such services any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; or (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any cause whatsoever. No temporary interruption other form of energy or failure any other service or utility whatsoever serving the Premises or Project otherwise; or (d) the partial or total unavailability of any such utilities or services incident to the making of repairsPremises or the Building, alterations, whether by Regulation or improvements, otherwise; nor shall any such occurrence constitute an actual or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant including without limitation by providing additional or after hours heating or air conditioning. Landlord shall be untitled to cooperate voluntarily and in advancea reasonable manner with the efforts of national, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipmentstate or local governmental agencies or utility supplies in reducing energy or other resource consumption. The monthly Rent stated in Subsection 1.g hereof does obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. In addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not include be obligated to, upon notice to Tenant, contract with or otherwise obtain any amount electrical or other such service for or with respect to cover the cost Premises or Tenant's operations therein from any supplier or provider of furnishing electricity for any such purpose unless so stated hereinservice. Tenant shall pay prior cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to delinquency all personal property taxes payable with respect time to all property facilitate the delivery of such services to Tenant located on at the Premises or and to the Building and shall provide promptlyProject, upon request including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of Landlordinstalling maintaining, written proof repairing, replacing, or upgrading such service or any equipment or machinery associated therewith.
D. Landlord acknowledges and agrees to Tenant's exclusive use, operation, maintenance, repair and security protection of such paymentthose certain underground conduit, vault and equipment facilities within the Project for Tenant's telecommunication cabling and equipment. Furthermore, Tenant agrees to and accepts complete and full responsibility and control of the facilities described in the preceding sentence. 16.
Appears in 1 contract
Samples: Sub Sublease (Divx Inc)
Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, (a) Landlord shall maintain furnish to the Premises during reasonable hours of generally recognized business days to be determined by Landlord in its sole discretion and subject to the public rules and common areas regulations of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for normal lighting and the operation of low-power-usage fractional horsepower office machines, heat and normal air conditioningconditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, subject to restrictions or guidelines for temperature limitations provided by lawful governmental authority, and elevator service during ordinary business hoursjanitorial service. Landlord shall also provide maintain and light replacement service for Landlord-furnished lightingthe common stairs, toilet room supplies, window washing at reasonable intervalscommon entries, and customary building janitorial servicetoilet rooms in the Building. Landlord shall not be liable for and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to Tenant for furnish any loss or damage of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockout or resulting from other labor disturbances or labor disputes of any variation, interruptioncharacter, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable for a loss of or injury to property, however occurring, through or in connection with or incidental to furnishing or its failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing any Wherever heat generating machines or equipment are used in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord as additional rent upon demand by Landlord.
(b) Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including but not limited to electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will increase the amount of electricity consumed by Tenant beyond that amount which is reasonably required for the use of the Premises as general office space. Tenant shall not connect with electric current, except through existing electrical outlets in advancethe Premises, on any apparatus or device, for the purpose of using electric current. If Tenant requires water, gas or electric current in excess of the amount which Landlord deems reasonable for the use of the Premises as general office space, Tenant shall first day procure the written consent of each month during Landlord (which Landlord may refuse) to the least termuse thereof and Landlord may cause a separate water, gas or electrical current meter to be installed in the Premises to measure the amount of water, gas and electric current consumed for any such use. The cost of installation, maintenance and repair of any such meters shall be paid by Tenant. Tenant agrees to pay to Landlord as Additional Rent the reasonable amount estimated by Landlord as additional rent promptly upon demand, the cost of furnishing electricity for all such water, gas and electric current consumed as shown by said meters, at the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity rates charged for such purpose unless services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so stated hereinconsumed. Tenant shall pay prior If a separate meter is not installed, such excess cost for such water, gas and electric current will be established and adjusted from time to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises time by an estimate made by a utility company or the Building and shall provide promptly, upon request of electrical engineer designated by Landlord, written proof of such payment.
Appears in 1 contract
Samples: Office Lease (Salix Holdings LTD)
Services and Utilities. As long as 13.1. Provided Tenant is shall not be in default under any of the provisions of this Lease, and subject to the other provisions of the Lease, Landlord shall maintain agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the public following services and common areas utilities subject to the rules and regulations of the Building, such as lobbies, stairs, corridors Building prescribed from time to time; (a) water suitable for normal office use of the Premises; (h) heat and restrooms, air conditioning required in reasonably good order Landlord’s judgment for the use and condition except for damage occasioned by the act or omission occupation of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room suppliesconvenience outlets and other normal office- use. In the absence of Landlord’s gross negligence or willful misconduct, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason or Landlord’s failure to Tenant furnish any of the foregoing, unless such failure shall persist for any loss or damage an unreasonable time after written notice of such failure is given to Landlord by tenant and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall be deemed an eviction of Tenant or relieve Tenant from use reasonable efforts to remedy any of Tenant's obligations hereunder. Before installing any equipment interruption in the Premises that generates more furnishing of services and utilities.
13.2. Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a minimum amount reasonable allowance for depreciation of heatany systems being used to provide such service. The current charge for after-hours HVAC service, Tenant shall obtain the written permission of Landlordwhich is subject to change al any time, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden is specified on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentReference Pages.
Appears in 1 contract
Services and Utilities. As long as Tenant is not Landlord agrees to keep in default under any good ---------------------- order, condition and repair the foundations, exterior walls and roof of the provisions Leased Property (but excluding the exterior and interior of this Leaseall windows, doors, plate glass and showcases) except for reasonable wear and tear and except for any damage thereto caused by any act or negligence of tenant or its agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall maintain the Premises and the public and common areas have notified Landlord in writing of the Building, need for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act repairs or omission of Tenant, the repair of which damage shall be paid for by Tenantmaintenance. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator not be obligated to perform any service during ordinary business hoursor to repair or maintain any structure or facility except as provided in this Section. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial not furnish telephone facilities or service. Landlord shall not be obligated to provide any service or maintenance or to make any repairs pursuant to this Section when such service, maintenance or repair is made necessary because of the negligence or misuse of Tenant, Tenant's agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. Landlord reserves the right to stop any service when Landlord deems such stoppage necessary, whether by reason of accident or emergency, or for repairs or improvements or otherwise. Landlord shall not be liable under any circumstances for loss or injury however occurring, through or in connection with or incident to Tenant any stoppage of such services. Landlord shall have no responsibility or liability for failure to supply any services or maintenance or to make any repair when prevented from doing so by any cause beyond Landlord's control. Landlord shall not be obligated to inspect the premises and shall not be obligated to make any repairs or perform any maintenance hereunder unless first notified of the need thereof in writing by Tenant. In the event that Landlord shall fail to commence such repairs or maintenance within twenty (20) days after said notice, Tenant's sole right and remedy for such failure shall be, after further notice to Landlord, to make such repairs or perform such maintenance and to deduct the cost and expenses thereof from the rent payable hereunder; provided, however, that amount of such deduction not exceed the reasonable value of such repairs or maintenance. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other persons, which may be caused by the Complex or resulting from any variation, interruptionthe Leased Property, or any appurtenances thereto, being out of repair or by bursting or leakage of any water, gas, sewer or steam pipe, or by theft, or by any act or neglect of any tenant or occupant of the Complex, or of any other person, by failure to such services due to furnish or interruption of, service of any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationsutility, or improvementsby any other cause of whatsoever nature, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in unless caused by the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission negligence of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.
Appears in 1 contract
Samples: Office Lease (Expedia Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for Landlord-furnished lightingany damages directly or indirectly resulting from, toilet room suppliesnor shall the Rent be abated by reason of (i) the installation, window washing at use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable intervalscontrol of Landlord or by the making of necessary repairs or improvements to the Premises, and customary building janitorial serviceBuilding or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, Including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlet in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current in the Premises to measure the amount of water or electric current consumed. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such paymentmeters at its sole cost. Landlord shall furnish lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except Tenant shall pay Landlord's charges there for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourson demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water; electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises which consumes more electricity than is usually furnished or supplied for the use of premises as aircraft hangar space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that generates more than usually furnished or supplied for the use of premises as aircraft hangar space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a minimum water meter or electrical current meter in the Premises to measure the amount of heatwater or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall obtain pay promptly upon demand for all utilities consumed at utility rates charged by the written permission of Landlord, and local public utility plus any additional expense incurred by Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system in keeping account of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless utilities so stated hereinconsumed. Tenant shall pay prior be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish if any, as such services are customarily furnished to delinquency all personal property taxes payable with respect to all property of Tenant located on comparable aircraft hangar buildings in the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Samples: Lease Agreement (Air Methods Corp)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through, existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water heater or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any, such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Samples: Lease Agreement (Dovebid Inc)
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the premises during reasonable hours of generally recognized business days, to be determined by Landlord in his sole discretion and subject to the rules and regulations of the provisions of this Leasecomplex, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for normal lighting and the operation of low-power-usage fractional horsepower office machines, heat and normal air conditioningconditioning required in Landlord's judgment for the comfortable use and occupation of the premises, and elevator service during ordinary business hoursjanitorial service. Landlord shall also provide light replacement service for Landlord-furnished lightingmaintain and keep lighted the common stairs, toilet room supplies, window washing at reasonable intervalscommon entries, and customary toilet rooms in the building janitorial serviceof which the premises are a part. Landlord shall not be liable for and Tenant shall not be entitled to Tenant for any loss or damage reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by or resulting from any variationaccident, interruptionbreakage, repairs, strikes, lockouts, or other labor disturbances or labor disputes of any character, or by any other cause similar or dissimilar beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with, or incidental to failure to such services due furnish any of the foregoing. Wherever heat generating machines or equipment are used in the premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to any cause whatsoever. No temporary interruption or failure install supplementary air conditioning units in the premises, and the cost thereof including the cost of such services incident to installation and the making cost of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control operation and maintenance thereof shall be deemed an eviction paid by Tenant to Landlord upon demand by Landlord. Tenant will not without written consent of Tenant Landlord use any apparatus or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment device in the Premises that generates more than a minimum 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 heatelectricity usually furnished or supplied for the use of the premises as general office space; nor connect with electric current except through existing electrical outlets in the premises any apparatus or device for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually famished or supplied for the use of the premises as general office space, Tenant shall obtain first procure the written permission consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may refuse at his option either: (1) cause a water meter or electrical current meter to grant such permission if be installed in the premises so as to measure the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses water and electric current consumed for any high-power-usage equipment such use; or (b) assess a reasonable charge in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any a constant amount to cover the cost of furnishing electricity maintenance, and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such purpose unless services by the local public utility furnishing the same plus any additional expense incurred in keeping account of the water and electric current so stated hereinconsumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer. Tenant shall pay prior will permit access to delinquency all personal property taxes payable with respect the premises during normal business hours to all property installers or repairmen of Tenant located on the Premises utility services, whether in furtherance of Tenant's services or the Building and shall provide promptly, upon request those of Landlord, written proof of such paymentothers.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgement for the comfortable use and occupancy of this Leasethe premises. If Tenant desires HVAC at any other time, Landlord shall maintain use reasonable efforts to furnish such service upon request from Tenant and Tenant shall pay Landlord's charges therefor on demand. For pre-scheduled HVAC and electrical use in excess of fifty hours per weekly period for the Premises and Premises, Tenant shall pay as additional monthly rent an amount equivalent to the public and common areas excess hourly usage times Thirty Two United States Dollars ($32). For "on demand" supplemental HVAC use in excess of the Buildingbase 50 hours per week plus any pre-scheduled times, such Tenant shall pay as lobbies, stairs, corridors additional rent an amount equivalent to Two and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission 50/100 Xxxxxx Xxxxxx Xxxlars per hour of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal per HVAC air conditioning, and elevator service during ordinary business hourshandling unit. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and rest-rooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rent be abated by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services (b) failure to furnish or delay in furnishing any such services where such failure to delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervals, and customary building janitorial serviceBuilding or Project. Landlord shall not be liable under any circumstances for a 4 8 loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant for any loss or damage caused by or resulting from any variationuses heat generating machines, interruptionelectronic data processing equipment, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including without limitation, electronic data processing machines, photocopiers or machines using in excess of 220 volts, which consume more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by the Landlord. Tenant shall not consume water or electric current in advanceexcess of that usually furnished or supplied for the use of Premises as general office space (as determined by Landlord), on without first procuring the first day written consent of each month during Landlord, which Landlord may refuse, and in the least termevent of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand, as Additional Rent additional rent, for all such water and electric current consumed as shown by said meters, at the reasonable amount estimated rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord as at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the cost Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of furnishing electricity the utilities so consumed. Tenant shall be responsible for the operation maintenance and repair of any such equipmentmeter at its sole cost. The monthly Rent stated Provided that Tenant is not in Subsection 1.g hereof does not include any amount default hereunder, Landlord agrees to cover furnish janitorial and cleaning services to the cost of furnishing electricity for such purpose unless so stated hereinPremises at least five (5) days per week, except recognized federal, state and local holidays. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property Landlord, within five (5) business days after receipt of Landlord's bill, xxe reasonable costs incurred by Landlord for extra cleaning in the Premises required because of (a) misuse or neglect on the part of Tenant, its employees or invitees, (b) use of portions of the Premises for special purposes requiring greater or more difficult cleaning work than office areas, (c) interior glass partitions or unusual quantities of glass surfaces, (d) non-building standard materials or finishes installed by Tenant, and (e) removal from the premises of refuse and rubbish of Tenant located on the Premises in excess of that ordinarily accumulated in general office occupancy or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentat times other than landlord's standard cleaning times. 11.
Appears in 1 contract
Samples: Lease Agreement (Sse Telecom Inc)
Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and or cause to be maintained the public and common areas of the Building, such as lobbies, elevators, stairs, corridors corridors, and restrooms, in reasonably good order and condition except for damage occasioned by the any act or omission of Tenant, the repair of which damage shall be paid for by Tenant. As long as Tenant is not in default with respect to any of the provisions, covenants or conditions of this Lease on Tenant’s part to be performed, and subject to the provisions of this Section 6, Landlord will provide the following services to the Demised Premises:
(a) from 8:00 a.m. to 6:00 p.m. on weekdays (“Normal Business Hours”) and from 8:00 a.m. to 1:00 p.m. on Saturdays (“Saturday Mornings”) (excluding legal and, if applicable, union holidays), Landlord shall furnish the Demised Premises with electricity for lighting and the operation of low-power-usage office machineswater, electric, heat and normal air conditioning, air-conditioning and elevator service service;
(b) during ordinary business all other hours, Landlord shall furnish such services except for heat and air-conditioning. Landlord shall also provide light replacement service for Landlord-furnished lightingin the public and common areas of the Building only, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service, as specified in Exhibit “G” attached hereto and made a part hereof. Landlord agrees to employ a bonded or insured janitorial service company. No janitorial service shall be provided on Saturdays, Sundays or union or legal holidays. The costs of any janitorial services or any other types of services provided or caused to be provided by Landlord to Tenant which are in addition to services ordinarily provided Building tenants, shall be payable as Additional Rent by Tenant at Landlord’s then established rates. Overtime HVAC service shall be provided to the floor on which the Demised Premises are located upon twenty-four (24) hours’ prior notice to Landlord and shall be paid for by Tenant as Additional Rent at the rates therefor established by Landlord from time to time. If more than one (1) tenant on a multi-tenant floor requests overtime HVAC service, the charge therefor shall be apportioned among the tenants requesting such service. Replacement of bulbs and tubes in the Demised Premises shall be provided by Landlord and paid by Tenant at such reasonable rates as Landlord shall establish from time to time. Electricity (other than for the electricity utilized by the air conditioning compressors and fans and water for the common areas of the Building) shall be included in the Operating Costs defined in Section 6(b)(v) hereinafter. Electricity for lighting, for operation of customary office machines and for heating and ventilating of the Demised Premises (the “Standard Electric Costs”) shall be metered pursuant to a meter maintained by Landlord at Tenant’s expense. Tenant shall also pay a pro rata share of the costs for electricity utilized by the air conditioning compressors and fans for the entire Building (the “Air Conditioning Electric Costs”), calculated on a per square foot basis in accordance with the same ratio as Tenant’s pro rata share of Operating Expenses. Tenant’s pro rata share of Standard Electric Costs and Tenant’s pro rata share of the Air Conditioning Electric Costs shall be paid for by Tenant within ten (10) days following Tenant’s receipt of Landlord’s invoice therefor at the then average rate paid by Landlord to the public utility company selected by Landlord to furnish electricity in the Building, including all surcharges, taxes, fuel adjustments, transfer charges, meter reading or similar charges regularly passed on by the public utility furnishing electricity to the Building. If the Demised Premises is less than a full floor, Landlord may elect only to install a single meter on the floor, in which case the cost of such meter and of the electricity on the floor shall be apportioned equitably in such a manner as Landlord shall determine among the tenants on such floor. Landlord shall not be liable for any loss, injury or damage to Tenant for or its or any loss or damage other property caused by or resulting from any variation, interruption, or failure to of such services due to any cause whatsoever. No temporary interruption , or from failure of such services to make any repairs or perform any maintenance, or incident to the making of repairsand performance thereof, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control nor shall be deemed the same constitute an eviction of Tenant or relieve Tenant from any of Tenant's ’s obligations hereunder. Tenant shall abide by all regulations and requirements prescribed by Landlord for the proper functioning and protection of the Building’s heating, ventilation and air-conditioning system. Before installing any equipment and lights which generate an undue amount of heat in the Demised Premises that generates more than a minimum amount (equipment and lights which generate in excess of heat1.75 xxxxx per square foot), or before Tenant uses any high power usage equipment in the Demised Premises (i.e., equipment with power requirements equal to or in excess of 220 volt single phase 30 amperes) or before Tenant shall affect the temperature otherwise maintained by the air-conditioning system, Tenant shall obtain the prior written permission of Landlord, and . Landlord may refuse to grant such permission if unless Tenant shall agree to pay the amount costs of heat generated would place an undue burden on the air Landlord for installation of supplemental air-conditioning system of the Buildingcapacity or electrical systems as necessitated by such equipment. If Tenant uses any high-power-usage equipment in the PremisesIn addition, Tenant shall pay Landlord, in advance, on the first day of each month during the least termDemised Term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation and maintenance of supplementary air-conditioning as necessitated by Tenant’s use of such equipment. The monthly Rent stated in Subsection 1.g Section 3 hereof does not include any amount to cover the cost of furnishing electricity additional air-conditioning for such purpose unless so stated hereinpurposes, and such costs shall be payable by Tenant as Additional Rent. Landlord may in its discretion install and operate at Tenant’s cost a monitoring/metering system in the Demised Premises to measure the added demands on heating, ventilation, and air-conditioning systems resulting from Tenant’s heat generating high power equipment usage, and after hours service requirements and Tenant shall pay prior to delinquency all personal property taxes payable Landlord as Additional Rent the cost of providing any such additional heating, ventilating or air-conditioning to the Demised Premises. Landlord shall have the same rights with respect to all property non-payment of amounts due from Tenant located on for any of the Premises or above-described additional services it has with respect to the Building and shall provide promptly, upon request non-payment of Landlord, written proof of such paymentRent hereunder.
Appears in 1 contract
Samples: Office Lease (Combinatorx, Inc)
Services and Utilities. As long as Tenant is not in default under any of 13.1 Subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises the following services and utilities subject to the public rules and common areas regulations of the BuildingBuilding prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises; (b) heat and air conditioning (which shall be controlled by Tenant); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by sub-meter. The charge shall be at the rates charged for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned services by the act local public utility, without xxxx-up. In the absence of Landlord’s negligence or omission of Tenantwillful misconduct, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to for, and Tenant for shall not be entitled to, any loss abatement or damage caused reduction of rental by or resulting from any variation, interruption, or reason of Landlord’s failure to such services due to furnish any cause whatsoeverof the foregoing. No temporary Where there is negligence or willful misconduct by Landlord and the interruption or failure in service shall persist for an unreasonable time (in no event less than thirty (30) days) after written notice of such services incident failure is given to the making Landlord by Tenant and materially interferes with Tenant’s use of repairs, alterations, or improvements, or due access to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant Rent shall xxxxx from and after such thirty (30) day period until the applicable service is resumed, but there shall be no abatement (and Landlord shall have no liability) where the restoration of the interrupted service is beyond Landlord’s reasonable control due to accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar. Landlord shall use reasonable efforts to remedy any interruption in advance, on the first day furnishing of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building services and shall provide promptly, upon request of Landlord, written proof of such paymentutilities.
13.2 Intentionally deleted.
Appears in 1 contract
Samples: Lease (Soapstone Networks Inc.)
Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under any of this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s commercially reasonable judgment (and otherwise consistent with other comparable buildings in the downtown office rental area of Seattle, Washington) for the intended use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall maintain pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Xxxxxx and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside Building Business Hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge greater than Landlord’s actual out-of-pocket cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages; provided, however, that Tenant shall not pay for the first forty (40) hours of after-hours HVAC service used by Tenant in each year of the Term (as such Term may be extended hereunder).
13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the public cost thereof, including the cost of installation and common areas the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) business days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 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 BuildingPremises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such as lobbies, stairs, corridors excess water and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission electric current. The cost of Tenant, the repair of which damage any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord shall furnish within ten (10) business days of Landlord’s demand , the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Xxxxxxxx) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with electricity for lighting any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the operation provisions of low-power-usage office machines, heat Articles 6 and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat26, Tenant shall obtain be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written permission consent of Landlord, which consent may be withheld in Landlord’s sole and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildingabsolute discretion. If Tenant uses any high-power-usage equipment in the Premises, Tenant Xxxxxxxx’s shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated no event be liable for disruption in any service obtained by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount Tenant pursuant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis paragraph.
Appears in 1 contract
Samples: Lease Agreement
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days. and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project. or (iii) the limitation, and customary building janitorial servicecurtailment or rationing of, or restrictions on, use of water. electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses shall not connect any high-power-usage equipment apparatus with electric current except through existing electrical outlets in the Premises, Tenant shall not consume water or electric current in advanceexcess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), on without first procuring the first day written consent of each month during Landlord, which Landlord may refuse, and in the least termevent of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as Additional Rent shown by said meters, at the reasonable amount estimated rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord as at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the cost Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless utilities so stated hereinconsumed. Tenant shall pay prior be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies window washing and janitor services in a manner that such services are customarily furnished to delinquency all personal property taxes payable with respect to all property of Tenant located on comparable office buildings in the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.
Appears in 1 contract
Samples: Office Building Lease (Newgold Inc)
Services and Utilities. As long as Tenant is not in default under any A. Subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, head and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive hear-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgement; customarily furnished in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Landlord shall have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord elects to provide such services at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid by Tenant to Landlord upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as determined by TenantLandlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall furnish may add to the Premises with electricity for lighting and separate or metered charge a recovery of additional expense incurred in keeping account of the operation of low-power-usage office machinesexcess water, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceelectric current or other resource so consumed. Landlord shall not be liable to Tenant for any loss damages directly or damage indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or resulting from the elements, labor disturbances of any variation, interruptioncharacter, or failure to such services any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any cause whatsoever. No temporary interruption other form of energy or failure any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services incident to the making of repairsPremises or the Building, alterations, whether by Regulation or improvements, otherwise; nor shall any such occurrence constitute an actual or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an constructive eviction of Tenant. Landlord shall further have not obligation to protect or preserve any apparatus, equipment or device installed by Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in advancea reasonable manner with the efforts of national, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipmentstate or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The monthly Rent stated in Subsection 1.g hereof does not include obligation to make services available hereunder shall be subject to the limitations of any amount such voluntary, reasonable program. In addition, Landlord reserves the right to cover change the cost supplier or provider of furnishing electricity for any such purpose unless so stated hereinutility or service from time to time. Tenant shall pay prior have no right to delinquency all personal property taxes payable contract with or otherwise obtain any electrical or other such service for or with respect to all property of Tenant located on the Premises or Tenant's operations therein from any supplier or provider of such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith. The --- rent for a pro-rata portion of the premises obviously and directly affected by ------------------------------------------------------------------------------ an occurrence or event that is the Landlord's responsibility for maintenance, ---------------------------------------------------------------------------- for five days or greater with a written notice provided to Landlord, will be ---------------------------------------------------------------------------- abated beginning the sixth day until remedied. ---------------------------------------------
C. Tenant shall provide promptlypay, upon request demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant, Tenant's Proportionate Share of Landlord, written proof of such paymentall charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (I) the Installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heat, installation operation and maintenance thereof shall be paid by Tenant to Landlord upon demand Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing ***CROSSED OUT TEXT***consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly up demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed by Landlord. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any hereunder and subject to the rules and regulations of the provisions of this LeaseOffice Building, Landlord shall maintain furnish to the Premises heating and air conditioning required in Landlord' s reasonable judgment for the public comfortable use and occupation of Premises. janitorial services will be provided five days per week, Monday through Friday (except holidays). Electricity to the Premises for normal lighting and fractional horsepower office machines will be furnished twenty-four hours per day seven days per week. Landlord shall also maintain and keep lighted the common areas of the Building, such as lobbies, stairs, corridors common entries and restrooms, restrooms in reasonably good order and condition the building of which the Premises are pan except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for repaired by Landlord at Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service's expense. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to Tenant for furnish any loss or damage of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or resulting from other labor disturbances or labor disputes of any variation, interruptioncharacter, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall be liable in case of negligence under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing any Wherever heat generating machines or equipment are used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain which affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system of system, Landlord reserves the Building. If Tenant uses any high-power-usage equipment right, but shall have no obligations, to install supplementary air conditioning units in the PremisesPremises and the cost thereof, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover installation, and the cost of furnishing electricity for such purpose unless so stated herein. operation and maintenance thereof shall be paid by Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, Landlord upon request of demand by Landlord, written proof of such payment.
Appears in 1 contract
Services and Utilities. As long as Provided that Tenant is not in default under any 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 provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish lighting replacement for building standard lights, restroom supplies, window washing in a manner that such services are customarily furnished to comparable office buildings in the area. Tenant is responsible for 100% of the electrical charge of their premises. If there is not separate metering than tenant will be billed monthly for their prorated share.
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Samples: Office Building Lease
Services and Utilities. As long as Landlord shall provide the following listed services and utilities, namely:
22.1 heating, ventilation, and air conditioning (“HVAC”) for the Premises to maintain temperatures for comfortable use and occupancy twenty-four (24) hours a day, seven (7) days a week;
22.2 electric energy in accordance with Section 23 following;
22.3 automatic passenger elevators providing adequate service leading to the floor on which the Premises are located;
22.4 evening, unescorted janitorial services to the Premises including removal of trash;
22.5 hot and cold water sufficient for drinking, lavatory toilet and ordinary cleaning purposes from fixtures either within the Premises (if provided pursuant to this Lease) or on the floor on which the Premises are located, provided that to the extent reasonably possible, all water and sewage lines shall be routed away from the computer data center;
22.6 replacement of lighting tubes, lamp ballasts and bulbs;
22.7 rextermination and pest control when and if necessary; and
22.8 maintenance of Common Areas in a manner consistent with other first class suburban office buildings in the Baltimore-Washington corridor, including, without limitation, landscaping and snow removal. Notwithstanding the foregoing, if at any time during the Term, Landlord shall, after reasonable investigation determine that trash and similar waste generated by Tenant and/or emanating from the Premises is not in default under any excess of that of other standard office and data center tenants within the Building leasing a premises of the provisions same or similar size to that of this Leasethe Premises, Landlord shall maintain the Premises xxxx Tenant and the public and common areas Tenant shall pay to Landlord as additional rent hereunder within thirty (30) days of the Buildingdate of Landlord’s invoice for the same, those costs and expenses of trash removal which are reasonably attributable to such as lobbiesexcess trash and similar waste generated by Tenant and/or emanating from the Premises. Landlord shall use reasonable efforts to perform the services and provide the utilities required under this Section 22 in a manner which avoids inconvenience, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act annoyance or omission of Tenant, the repair of which damage shall be paid for by injury to Tenant. Landlord shall furnish reserves the Premises with electricity for lighting right to stop service of the HVAC, elevator, plumbing and the operation electric systems, when necessary, by reason of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruptionaccident, or failure to such services due to any cause whatsoever. No temporary interruption emergency, or failure of such services incident to the making of for repairs, alterations, replacements, or improvements, which in the judgment of Landlord are desirable or necessary to be made, until said repairs, alterations, replacements, or improvements shall have been completed with due diligence and reasonable efforts by Landlord; provided, however, that Landlord shall make all reasonable efforts to accident avoid such stoppage, and, if such stoppage nonetheless is required, to coordinate with Tenant and avoid inconvenience, annoyance or strike injury to Tenant arising out of the stoppage. Landlord shall have no responsibility or conditions liability for failure to supply HVAC, elevator, plumbing, cleaning, and electric service, during said period or events when prevented from so doing by laws, orders, or regulations of any Federal, State, County or Municipal authority or by strikes, accidents or by any other cause whatsoever beyond Landlord's reasonable control shall be deemed an eviction of ’s control. Landlord’s obligations to supply HVAC are subject to applicable laws and regulations as to energy conservation and other such restrictions. In the event that Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in should require supplemental HVAC for the Premises, Tenant any maintenance repair and/or replacement required for such supplemental service shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated be performed by Landlord as but the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. maintenance repair and/or replacement (including labor and materials) shall be paid by Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentas additional rent.
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