Common use of Services and Utilities Clause in Contracts

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)

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Services and Utilities. As long as Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the hours between 8:00 a.m. and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default under any hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy of the provisions Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of this Leaseseventy-five dollars ($75.00) per hour of additional usage subject to change, based on Landlords costs to provide such services; window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall supply common area water for drinking, cleaning and restroom purposes only and elevator services Tenant, at Tenant’s sole cost and expense, shall supply all paper and other products used, within the Premises. Upon Tenant’s request, Landlord shall replace light bulbs and ballasts in the Premises, and Tenant shall pay Landlord for the cost of such light bulbs and ballasts plus Landlord’s reasonable administrative and labor costs associated with light bulb and ballast replacement. During normal business hours on generally recognized business days, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35 hereof. Tenant shall be entitled through the transmission facilities installed in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises and the public and common areas of the Building, in such reasonable quantity as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by sufficient to meet Tenant. Landlord shall furnish the Premises with electricity ’s ordinary business needs for lighting and the operation of low-power-usage office its ordinary business machines, heat and normal air conditioningincluding without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and elevator service computer and data processing equipment. Tenant shall pay to Landlord from and after the Commencement Date, as Additional Rent in accordance with Section 6.1., a sum to reimburse Landlord for all electricity used by Tenant to power the lights and electricity outlets located in the Premises (the Tenant Electric Amount). The Tenant Electric Amount shall be based on a separate meter survey conducted by a licensed independent electrical engineer selected by Landlord with respect to such parties reasonable estimate of Tenant’s usage. The Tenant Electric Amount shall be adjusted from time to time during ordinary business hoursthe Term if (i) there is an increase in electric energy rates, (ii) Tenant installs additional fixtures, appliances or equipment, with or without Landlord’s consent, or (iii) Tenant otherwise uses a disproportionate or increased amount of electric energy, as determined by a separate meter survey conducted by a licensed independent electrical engineer selected by Landlord. Periodically, Landlord shall conduct an energy usage survey by a qualified energy surveyor. The cost of any and all such surveys shall be paid by Landlord, unless requested by Tenant, in which event, Tenant shall pay for such cost within twenty (20) days after Landlord’s demand. Notwithstanding anything to the contrary contained herein, Landlord may, at its option, at any time during the Term, arrange to have electric usage directly metered or submetered to the Premises, in which event Tenant will pay the utility company (or Landlord in the event of submetering without any profit or xxxx-up to Landlord) for such usage. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Project, and, in such event, Tenant shall pay for electric current supplied to, or used, in the Premises at the rate prevailing for Tenant’s class of use as established by such company or companies. Electric current shall be measured in a consistent, commercially reasonable manner and shall be billed by Landlord as Additional Rent and paid by Tenant on a monthly basis. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, at any time and from time to time during the Term, to contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall also provide light replacement service not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall Rent be abated by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Project, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if Tenant for any loss is granted the right to purchase electricity from a provider other than the company or damage companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by or Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure time separate metering of such services incident utilities furnished to the making Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of repairsany such meter and its installation, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control maintenance and repair shall be deemed an eviction of paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses machines or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment that generates excessive heat in the Premises that generates more than a minimum amount of heataffects the temperature otherwise maintained by the HVAC system, Tenant shall obtain Landlord reserves the written permission of Landlord, and Landlord may refuse right to grant such permission if the amount of heat generated would place an undue burden on the install supplementary air conditioning system of the Building. If Tenant uses any high-power-usage equipment units in the PremisesPremises and the cost thereof, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the installation, operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty (30) days of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentdemand therefor.

Appears in 3 contracts

Samples: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)

Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, 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 (Air Methods Corp), Office Building Lease (Photon Dynamics Inc)

Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord’s charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (I) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, computers, servers and associated equipment using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinPremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the use of Premises or as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 2 contracts

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 14.1 Landlord shall manage and operate (or cause to be managed and operated) the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as Tenant is not required in default under any Landlord’s reasonable judgment; janitorial service to the office portions of the provisions Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of this Leaseany kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) xxxxx per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall maintain provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon 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 request 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 requires air conditioning or heat beyond the PremisesBuilding Hours, then Landlord will furnish the same provided Tenant shall in advance, on the first day of each month during the least term, pay gives Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation one business day’s advance notice 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 hereinrequirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to delinquency do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out. 14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord. 14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith. 14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all personal property taxes or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable with respect to all property hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant located on resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct. 14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide promptly, upon request Landlord with copies of Landlord, written proof Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such paymentobligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Term.

Appears in 2 contracts

Samples: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)

Services and Utilities. As a. During the term of this Lease and so long as Tenant is not in default under any of the provisions of this Leasedefault, Landlord shall maintain agrees to cause to be furnished to the Premises and in such manner as is customary in similar buildings in the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenantsame geographical area, the repair following utilities and services (the cost of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting included within Operating Costs): (1) Electricity, water, gas and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial sewer service. Landlord shall not be liable to Tenant for The interruption or curtailment of any loss or damage service caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events event beyond Landlord's reasonable control shall not constitute constructive eviction and shall not entitle Tenant to any abatement of rent or any other claim against Landlord, nor shall any interruption be deemed an eviction grounds for constructive eviction, rent abatement or termination of this Lease or any other claim provided Landlord exercises reasonable diligence to remedy such interruption. Tenant will not, without the written consent of Landlord, use any apparatus or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment device in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if which will increase the amount of heat generated would place an undue burden on the air conditioning system electricity or water usually furnished or supplied for use of the BuildingPremises as general office space. If Tenant uses any high-power-usage equipment such extra service is permitted by Landlord, Landlord may cause a water meter or electric meter to be installed in the Premises. The cost of such meters, and any increase in utility charges shall be promptly paid by Tenant. (2) Telephone connection to the core space on the floor on which the Premises are located, but not including wiring from the core, telephone stations and equipment (it being expressly understood and agreed that Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity be responsible for the operation ordering and installation of telephone lines and equipment to and within the Premises). (3) Heat and air conditioning to such equipmentextent and to such levels as are reasonably required for the comfortable use and occupancy of the Premises. The monthly If the Premises are rendered untenantable by reason of Landlord's failure to maintain such levels then Tenant shall be entitled to a full abatement of Basic Rent stated in Subsection 1.g hereof does not include any amount to cover for each day the cost of furnishing electricity for such purpose unless so stated hereinPremises are untenantable, after two working days. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property not use any method of Tenant located on the Premises heating, ventilating or the Building air conditioning other than that supplied by Landlord. (4) Snow and shall provide promptly, upon request of Landlord, written proof of such paymenttrash removal service. (5) Landscaping and groundskeeping service.

Appears in 1 contract

Samples: Lease (Bisys Group Inc)

Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use, of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable to Tenant under any circumstances for any a loss or damage caused by or resulting from any variation, interruptionof, or injury to, property or business, however occurring, through or in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including without limitation, electronic data processing machines, punch card machines or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinpremises as general office space, as determined by Landlord. Tenant shall pay prior to delinquency all personal property taxes payable not connect any apparatus with respect to all property electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of Tenant located on that usually furnished or supplied for the Premises or use of premises as general office space (as determined by Landlord), without first procuring the Building and shall provide promptly, upon request written consent of Landlord, written proof which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such paymentmeter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at anytime separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Lease Agreement (Air Methods Corp)

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

Samples: Lease Amendment (Multilink Technology Corp)

Services and Utilities. As long as Tenant is not 12.1 Landlord agrees to furnish to the Premises between the hours of 7:00 a.m. through 6:00 p.m., Monday through Friday, and 7:00 a.m. through noon Saturday, exclusive of holidays, electricity for normal lighting and fractional horsepower office machines, and heat and air conditioning required in default under any Landlord's judgment for the comfortable use and occupation of the provisions Premises. Tenant shall pay as additional rent the cost of this Leaseheat, air conditioning and utilities furnished during other than the normal hours established by Landlord, at a minimum hourly fee as determined by Landlord from time to time and in no event less than Thirty and No/100 Dollars ($30.00) per hour of such use. Tenant shall maintain the Premises and the public and common areas provide Landlord with Forty-Eight (48) hours advance written notice of the Building, need for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenantadditional use. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator provide janitorial service during ordinary business hoursas provided in this Lease. Landlord shall also provide light lamp replacement service for Landlord-furnished lighting, toilet room supplies, window and exterior glass washing at with reasonable intervalsfrequency. Landlord shall also maintain and keep lighted the common stairs, common entries and customary building janitorial servicetoilet rooms in the Building. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of Rent by reason of Landlord's failure to Tenant for furnish any loss or damage of the foregoing when such failure is caused by accident, breakage, repairs, strikes, utility outages, lockouts or resulting from other labor disturbances or labor disputes of any variationcharacter or by any other cause, interruptionsimilar or dissimilar, or failure to such services due to any cause whatsoever. No beyond the reasonable control of Landlord, and; no temporary interruption or failure of such services incident to the making of repairs, alterations, alterations or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control improvements shall be deemed as an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing Landlord shall not be liable under any circumstances for a loss or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises that generates more than a minimum which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises, and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. 12.2 Tenant shall not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines and punch card machines, which will in any way increase the amount of heatelectricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall obtain first procure the written permission consent of Landlord, which Landlord may refuse, to the use thereof, and Landlord may refuse cause a water meter or electrical current meter to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant, and Tenant shall in advance, on the first day of each month during the least term, agrees to pay Landlord as Additional Rent the reasonable amount estimated promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost of furnishing electricity for such water and electric current will be established by an estimate made by a utility company or consulting engineer. 12.3 Tenant acknowledges, understands and agrees that Landlord shall have no obligation or responsibility to provide guard service or other security measures for the operation benefit of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request Property other than the card-key access system which is part of Landlord's Work. Tenant assumes sole responsibility for the protection of Tenant, written proof its agents and invitees and the property of Tenant and of Tenant's agents and invitees from acts of third parties. Landlord may, at its sole option, however, provide security protection for the Premises or Property, in which event such paymentcosts and expenses shall be included within the definition of Operational Expenses.

Appears in 1 contract

Samples: Lease Agreement (Cobalt Group Inc)

Services and Utilities. As long Tenant shall promptly pay, as the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, water and sewer service available to the Premises as of the Delivery Date), and (b) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises, then Tenant shall pay its pro rata share of the cost of such utility service with all others served by the service not separately metered. However, (i) if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service (whether or not in default under any separately metered), then Landlord, at its election, may (1) periodically charge Tenant, as Additional Rent, a sum equal to Landlord’s reasonable estimate of the provisions cost of Tenant’s excess use of such utility service, and/or (2) install, at Tenant’s expense, a separate meter to measure the utility service supplied to the Premises, and (ii) if Landlord reasonably determines that Tenant is using a disproportionate share of the electrical capacity available for the Building or Project (i.e., electrical usage in excess of that which would typically be used for general office purposes), then, in addition to the foregoing, Landlord may install, at Tenant’s expense, additional equipment to increase the electrical capacity for the Building or Project to offset excess electrical usage by Tenant. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord shall maintain liable for damages to either person or property or for interruption or loss to Tenant’s business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if (A) an interruption of utilities prevents Tenant from occupying all or a material portion of the Premises for the Permitted Use for a period of at least ten (10) consecutive business days and the public and common areas of the Building, (B) such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned interruption was caused by the negligent act or omission of TenantLandlord, then monthly Rent shall thereafter be proportionately abated during the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure period of such services incident to interruption. Nothing in this Section 4 shall limit the making of repairsparties’ rights and obligations under Section 9 hereof, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than event of a minimum amount of heatcasualty affecting the Building or Premises. Tenant acknowledges and agrees that, Tenant shall obtain notwithstanding the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system later occurrence of the Building. If Tenant uses any high-power-usage equipment in Rent Commencement Date, Tenant’s obligations under this Section 4 shall commence as of the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentCommencement Date.

Appears in 1 contract

Samples: Lease Termination Agreement (Proxim Corp)

Services and Utilities. As long as Tenant is not in default under any of (a) Landlord shall cause to be furnished to the provisions Premises during the term of this Lease, Landlord shall maintain the Premises water and the public sanitary sewer services required for general office use. The cost of furnishing such water and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage sanitary sewer services shall be paid for by Tenantan Operating Expense as defined in Paragraph 5(d) above. Landlord shall furnish the Premises with electricity for lighting Tenant acknowledges and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. agrees that Landlord shall not be liable to Tenant and Tenant hereby releases Landlord from any and all claims, liabilities, damages, losses, actions, costs and expenses as a result of or related to any interruption of water and/or sanitary sewer services for reasons beyond 25 the control of Landlord; provided, however, in no event shall Landlord be liable to Tenant for lost profits or loss of business. The actions of any water or sanitary sewer company or public utility or governmental agency providing water or sanitary sewer services shall not be imputed to Landlord. Landlord shall provide Tenant with a connection for Tenant's telecommunications wiring and cabling ("Interior Wire") to the point of connection with the local regulated public utility. Such connection shall be from the telecommunications line closet serving the Premises to the demarcation points supplied by the local regulated public utility. Tenant understands and acknowledges that the telecommunications capacity supplied to the Premises shall not exceed the capacity for which the Premises was designed. If Tenant requires any extraordinary telecommunication services that require any increase in the capacity of the Premises' telecommunications system and/or intrabuilding network cabling, then Tenant shall pay, as additional rent, the cost of any alterations, modifications or improvements required to be made to the Premises's telecommunications system and/or intrabuilding network cabling to provide such extraordinary service. All connection, disconnection, removal, repair and installation of telecommunications lines and cabling shall be performed by a qualified contractor approved by Landlord in advance. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental nor shall a constructive eviction be deemed to have occurred by reason of Landlord's failure to furnish any of the foregoing utilities and services when such failure is caused by accident, breakage, repairs, strikes, lockout or labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall be liable for any loss of or damage caused by or resulting from any variationinjury to property, interruptionhowever occurring, in connection with the furnishing or failure to such furnish any of the foregoing utilities and services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events for reasons beyond Landlord's reasonable control control. In no event shall Landlord be liable for, and Tenant hereby releases Landlord from any and all claims for loss, damage, cost or expense incurred by Tenant as a result of the interruption of any water, sanitary sewer or telecommunications services. If heat generating machines or equipment used in the Premises affect the temperature otherwise maintained by the air conditioning units in the Premises and/or the cost of providing air conditioning services to the Premises, including the cost of installation, the costs resulting therefrom shall be deemed paid by Tenant to Landlord upon demand by Landlord. (b) Tenant shall not pay during the Lease Term, and prior to delinquency, all charges for janitorial service, electricity, light, power, telephone and other communication service supplied to or consumed on the Premises (collectively "Utilities") and all taxes, levies and surcharges therefor. Tenant shall arrange for janitorial services and electricity to be supplied to the Premises and Tenant shall contract in its own name for the aforementioned Utilities. The Commencement Date shall not be delayed by reason of any failure by Tenant to contract for such Utilities in its own name. Landlord agrees that prior to the Commencement Date, Landlord shall, at its sole cost, cause electricity to be separately metered on the first and second floors of the Premises. 26 (c) Tenant shall not, without the written consent of Landlord, use any apparatus, machine, system or device in the Premises which will overburden or exceed the capacity of the electrical system in the Premises. Tenant shall not connect with electric current, except through approved electrical outlets in the Premises or such additional electrical outlets as may be installed by a licensed electrical contractor in conformance with applicable building codes. If Tenant requires water in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord (which Landlord may withhold in its sole and absolute discretion), and Landlord may cause a separate water meter to be installed in the Premises to measure the amount of water consumed for any such use. The cost of installation, maintenance and repair of any such meter shall be paid by Tenant. Tenant agrees to pay to Landlord promptly upon demand for all such excess water consumed as shown by said meter, at the rate charged for such service by the local public utility furnishing the same, plus any additional expenses incurred in keeping account of the water so consumed. If a separate meter is not so installed, such excess cost for such water shall be established and adjusted from time to time by an eviction estimate made by a utility company or electrical engineer. (d) Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of Tenant federal, state or relieve Tenant from local government agencies or utility suppliers for reducing energy or other resource consumption. The lack or shortage of any of service or utility shall not affect Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, and Tenant shall obtain the written permission of Landlord, faithfully keep and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system observe all of the Building. If Tenant uses any high-power-usage equipment in the Premisesterms, Tenant shall in advanceconditions and covenants of this Lease and pay all rentals due hereunder without abatement, on the first day of each month during the least termsetoff, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises diminution, credit or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentdeduction.

Appears in 1 contract

Samples: Office Lease (Odwalla Inc)

Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Tenant shall have access to and Landlord agrees to furnish to the Premises or where applicable the Building and Common Areas subject to the rules and regulations of the provisions Building and during normal business hours, as defined below, all utilities, hot and cold water, heating, cooling, temperature control, air movement, ventilation and filtration; security services and life safety devices in compliance with applicable city, state or federal codes for the Building itself, not the Premises; landscaping, snow and ice removal; elevator service; rest room supplies; light bulbs; vermin control; and janitorial services required in Landlord's reasonable judgment for the comfortable use and occupation of this Leasethe Premises. All such services shall be suitable and comparable to services provided to comparable local buildings. Upon Tenant's request, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of provide essential services at time other than Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and 's normal air conditioning, and elevator service during ordinary business hours, provided, however, that Tenant shall pay for such additional services. Landlord shall also provide light replacement service for Landlord-furnished lightingmaintain and keep lighted the common stairs, toilet room supplies, window washing at reasonable intervals, common entries and customary building janitorial servicerest rooms in the Building. Landlord shall not be liable to for, and Tenant for shall not be entitles to, any loss or damage caused reduction of Rent by or resulting from any variation, interruption, or reason of Landlord's failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generation machines or equipment other than normal office equipment are used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain which affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system of system, Landlord reserves the Building. If Tenant uses any high-power-usage equipment right to install supplementary air conditioning units in the PremisesPremises and the cost thereof, Tenant shall in advanceincluding, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover installation, and the cost of furnishing electricity for such purpose unless so stated hereinoperation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant Tenant's normal business hours shall pay prior be Monday through Friday 8:00 a.m. to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.6:00 p.m.

Appears in 1 contract

Samples: Lease Agreement (Lynch Corp)

Services and Utilities. As So long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain provide the following facilities and services to Tenant the costs of which shall be included as Operating Expenses: A. Central heating and air conditioning during the seasons of the year when these services are normally and usually furnished, and within the temperature ranges and in such amounts normally or usually furnished in comparable office buildings in North Sioux City, South Dakota with Tenant to pay its proportionate share of the cost of utilities incurred to provide such heating and air conditioning within thirty (30) days of Landlord’s invoice therefor. B. Cleaning of the lobby in Landlord’s standard manner and provision of water services to lavatories as normally or usually furnished in comparable office buildings in North Sioux City, South Dakota. C. Electrical facilities to furnish sufficient electrical power to Tenant’s equipment installed in accordance with Section 13 hereof; provided, however, Tenant shall be responsible to pay any and all costs associated with the use and consumption of any such electrical utility services as Operating Expenses. D. Access to the Premises and on a full-time twenty-four (24) hour basis, subject to such regulations as Landlord may impose for security reasons. Landlord shall have no obligation whatsoever to provide guard service or other security measures for the public and common areas benefit of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except Premises or the Project. Tenant assumes all responsibility for damage occasioned by the act or omission protection of Tenant, its employees, agents, invitees and property from acts of third parties. Nothing herein contained shall prevent Landlord, at its sole option, from providing security protection for the repair of Project or any part thereof, in which damage event the non-capital cost thereof shall be paid for included within the definition of Operating Expenses. Tenant hereby acknowledges that existing security improvements are satisfactory. Any failure by Tenant. Landlord shall to furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator foregoing service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variationUnavoidable Delays, interruptionas hereinafter defined, or failure to such from temporary interruption of the foregoing services due to repairs or maintenance, shall not render Landlord liable in any cause whatsoever. No temporary interruption respect for damages to either person or failure of such services incident to the making of repairsproperty, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall nor be deemed construed as an eviction of Tenant Tenant, nor cause an abatement of rent, or relieve Tenant from Tenant’s obligations under this Lease; provided Landlord uses commercially reasonable efforts to restore such services. For purposes of this Section 16 and of Section 32, the term “Unavoidable Delays” shall mean any delays due to strikes; labor disputes; shortages of Tenant's obligations hereunder. Before installing any equipment in material, labor or energy; acts of God; governmental restrictions; enemy action; civil commotion; fire; unavoidable casualty or other causes beyond the Premises that generates more than a minimum amount control of heat, Tenant shall obtain Landlord and which do not arise from the written permission gross negligence or willful misconduct of Landlord, its officers, agents, employees and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildinglicensees. If any public utility or governmental body shall require Landlord or Tenant uses to restrict the consumption of any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity utility or reduce any service for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building, Landlord and Tenant shall comply with such requirements whether or not the utilities and services referred to in this Section are thereby reduced or otherwise affected, without reduction or adjustment of Rent hereunder. Landlord and its agents shall be permitted reasonable access to the Premises, and the right to install facilities within or through the Premises, in order to install and service the systems deemed necessary by the Landlord to provide to other tenants of the Building the services and shall provide promptly, upon request of Landlord, written proof of such paymentutilities referred to in this Section.

Appears in 1 contract

Samples: Lease (MPC Corp)

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, 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 Tenant is not in default under any of 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages), the following services and utilities subject to the rules and regulations of the Project prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning in season during Building Business Hours, at such temperatures and in such amounts as are standard for similar “Class A” office buildings in Austin, Texas; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Notwithstanding any provision herein to the contrary, Landlord’s obligation to provide heat and air conditioning and electricity (over and above the amounts which can prudently be provided by the Building Systems constructed and installed as part of the Shell Improvements) are conditioned and contingent upon Tenant installing, in connection with Tenant’s construction of the Tenant Improvements, all upgrades to the electrical and HVAC systems serving the Building which may be necessary to provide HVAC service and electrical service to Tenant in the amounts desired by Tenant. In the absence of Landlord’s negligence or willful misconduct and except as otherwise provided in this Lease, Landlord shall maintain not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge more than Landlord’s Actual Cost for such additional service. The current charge for after-hours HVAC services, which is subject to change at any time, is specified in Section 4.7 of this Lease. 13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate as described in Section 13.1 and Section 4.7, in either event whether with or without Landlord’s approval and Tenant does not either eliminate such excess usage or notify Landlord that Tenant intends to install its own supplementary heating and/or air conditioning units within thirty (30) days after notice from Landlord of that excess use, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the public cost thereof, including the cost of installation and common areas the cost of operations and maintenance, shall be paid by Tenant to Landlord within thirty (30) days of Landlord’s demand. 13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 xxxxx and/or 20 amps or 120 volts, which will in any way increase the amount of electricity beyond the amounts which can prudently be provided by the Building Systems constructed and installed as part of the BuildingShell Improvements or increase the amount of water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of those amounts, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such as lobbies, stairs, corridors excess water and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission electric current. The cost of Tenant, the repair of which damage any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord shall furnish within five (5) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. 13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with electricity for lighting any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the operation provisions of low-power-usage office machines, heat Articles 6 and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat26, Tenant shall obtain be entitled to the written permission use of Landlord, and Landlord may refuse wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant sufficient for normal general office use of the Premises. Landlords shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated no event be liable for disruption in any service obtained by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount Tenant pursuant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis Section 13.5.

Appears in 1 contract

Samples: Lease Agreement (KBS Real Estate Investment Trust III, Inc.)

Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, 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

Samples: Lease Amendment (Interactive Telesis Inc)

Services and Utilities. As 14.1 Subject to Tenant’s performance of its obligations specified in this Lease, Landlord shall provide the following services in a manner consistent with the manner in which such services are provided in comparable multi-story office buildings in Xxxxxxxxxx County, Maryland, taking into account the age, finishes on the Lease Commencement Date, method of construction and system design of the Building and of such comparable buildings: (a) Landlord will furnish to the Premises air-conditioning and heating during the seasons they are required in Landlord’s reasonable judgment; and (b) Landlord will provide janitorial service on Monday through Friday after 5:00 p.m. (or, at Landlord’s option, Sunday through Thursday) only (excluding legal holidays) in accordance with the cleaning specifications which are attached hereto as Exhibit G, electricity sufficient for lighting purposes and normal office use only, hot and cold water for lavatory purposes and cold water for drinking purposes, elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency), and exterior window-cleaning service. Landlord shall not be liable for any failure to maintain comfortable atmosphere conditions in all or any portion of the Premises due to excessive heat generated by any equipment or machinery installed by Tenant (with or without Landlord’s consent), due to any adverse impact that Tenant’s furniture, equipment, machinery or millwork may have upon the delivery of HVAC to the Premises or due to the occupancy load. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Tenant shall pay, as additional rent, for such extra service in accordance with Landlord’s then-current schedule, which shall reflect Landlord’s cost of providing such service, including labor, cost of electricity, wear and tear on equipment, and an allowance to cover general overhead. If the same after-hours service is also requested by other tenants on the same floor as Tenant, the charge therefor to each tenant requesting such after-hours service shall be a pro-rated amount based upon the square footage of the leased premises of all tenants on the same floor requesting such after-hours services. Notwithstanding anything above to the contrary, Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article V); all other bulbs and tubes for the Premises shall be provided and installed by Tenant at Tenant’s expense. 14.2 Landlord may install checkmeters to electrical circuits serving Tenant’s equipment to verify that Tenant is not consuming excessive electricity. If such checkmeters indicate that Tenant’s electricity consumption is excessive, then Landlord may install at Tenant’s expense submeters to ascertain Tenant’s actual electricity consumption, and Tenant shall thereafter pay for such consumption at the then-current price per kilowatt hour charged Landlord by the utility, as well as the cost of the checkmeters. Tenant’s electricity consumption shall be deemed excessive if the electricity consumption in the Premises per square foot of rentable area (including, without limitation, electricity consumed in connection with outlets and lighting use) during any billing period exceeds the average electricity consumption per square foot of rentable area during the same period for typical, similarly situated tenants in the Building, as reasonably calculated by Landlord. 14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord. 14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control and if (a) such failure or inability is the result of Landlord’s negligent or willful misconduct, (b) Landlord is not proceeding diligently to correct such failure or inability, (c) all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of ten (10) consecutive business days after Tenant gives Landlord written notice thereof, and (d) Tenant does not in fact use the Premises for its business purposes during such period, then, so long as Tenant is not in default under any of the provisions of this Lease, Landlord Tenant shall maintain be entitled to an abatement of the Base Rent payable hereunder for the period beginning on the day after such ten (10) business day period ends and continuing until the use of 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 is restored to 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 . 14.5 Tenant agrees that (a) it shall not be liable to Tenant for any loss install 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 operate in the Premises that generates any equipment or other machinery that, in the aggregate, will cause Tenant to use more electrical power than is described on Exhibit E attached hereto and made a minimum amount of heat, part hereof and (b) Tenant shall obtain not place any load upon 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 floor of the Building. If Tenant uses any high-power-usage equipment Premises which exceeds the following per square foot load which Landlord has been advised that the floor 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 Premises was designed to carry: eighty (80) pounds per square foot 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 live loads and twenty (20) pounds per square foot 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 paymentdead loads.

Appears in 1 contract

Samples: Office Lease Agreement (Capitalsource 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

Samples: Lease Agreement (Manugistics Group Inc)

Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord’s charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable 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

Samples: Office Building Lease (1st Centennial Bancorp)

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

Samples: Office Building Lease (American River Holdings)

Services and Utilities. As long of the Commencement Date (and, if applicable, during the Early Occupancy Period), Subtenant shall promptly pay, as Tenant the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Subtenant on or about the Premises during the Term, including without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, and water service available to the Premises as of the Commencement Date), and (ii) penalties for discontinued interrupted service. If any utility service is not in default under any separately metered to the Premises, then Subtenant shall pay Subtenant’s Proportionate Share of the provisions cost of this Leasesuch utility service with all others served by the service not separately metered. However, if Sublandlord or Landlord shall maintain the Premises and the public and common areas reasonably determine that Subtenant is using a disproportionate amount of any utility service not separately metered, then Landlord or Sublandlord at its election may (i) periodically charge Subtenant, as Additional Rent, a sum equal to Landlord’s or Sublandlord’s reasonable estimate of the Buildingcost of Subtenant’s excess use of such utility service, such as lobbiesor (ii) install, stairsat Subtenant’s expense, corridors and restrooms, in reasonably good order and condition except for damage occasioned by a separate meter to measure the act utility service supplied to the Premises. Any interruption or omission cessation of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or utilities resulting from any variationcauses, interruptionincluding any entry for repairs pursuant to this Sublease, and any renovation, redecoration or failure rehabilitation of any area of the Project shall not render Sublandlord or Landlord liable for damages to such services due to any cause whatsoever. No temporary either person or property or for interruption or failure of such services incident loss to the making of repairsSubtenant’s business, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall nor be deemed construed as an eviction of Tenant Subtenant, nor work an abatement of any portion of Rent, nor relieve Subtenant from fulfillment of any covenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment agreement hereof; provided, however, in the Premises event that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system interruption of the Building. If Tenant uses any high-power-usage equipment in Project or Building services causes the PremisesPremises to be untenantable for a period of at least ten (10) consecutive business days, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentbe abated proportionately.

Appears in 1 contract

Samples: Sublease Agreement (ShoreTel Inc)

Services and Utilities. As long Tenant shall promptly pay, as the same become ---------------------- due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, water and sewer service available to the Premises as of the commencement date), and (ii) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises, then Tenant shall pay its pro rata share of the cost of such utility service with all others served by the service not separately metered. However, if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service (whether or not in default under any separately metered), then Landlord at its election may (i) periodically charge Tenant, as Additional Rent, a sum equal to Landlord's reasonable estimate of the provisions cost of Tenant's excess use of such utility service, (ii) install, at Tenant's expense, a separate meter to measure the utility service supplied to the Premises, and/or (iii) in the event Landlord determines that Tenant is using a disproportionate share of the electrical capacity available for the Building or Project (i.e., electrical usage in excess of that which would typically be used for general office purposes), Landlord may at Tenant's expense install additional equipment to increase the electrical capacity for the Building or Project to offset such excess usage by Tenant. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, Landlord shall maintain the Premises and the public and common areas any renovation, redecoration or rehabilitation of any area of the BuildingProject shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, such nor be construed as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission an eviction of Tenant, the repair nor work an abatement of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation any portion of low-power-usage office machinesRent, 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 nor relieve Tenant from fulfillment of 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 covenant or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentagreement hereof.

Appears in 1 contract

Samples: Lease (Numerical 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 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 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 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

Samples: Lease Agreement (Guidance Software, Inc.)

Services and Utilities. As long as Tenant 13.1 Provided no Event of Default has occurred and is not in default under any of continuing, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises (with Tenant being responsible for the repair and maintenance of the water heater servicing the Premises); (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall maintain pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by 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

Samples: Lease (Vantage Energy Services, 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 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 a. Landlord agrees to furnish to the Premises, during Business Hours on Business Days as Tenant is not set forth in default under any Paragraph 2(k) above, and subject to the rules and regulations of the provisions Building, "Building Standard" amounts of electricity, heat and janitorial service. Upon request by Tenant in accordance with the procedures established by Landlord from time to time for furnishing HVAC Service at times other than Business Hours on Business Days, Landlord shall furnish such service to Tenant and Tenant shall pay for such services on an hourly basis at the then prevailing rate established for the Building by Landlord. As of the date of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, prevailing rate for furnishing HVAC Service at times other than Business Hours on Business Days is $25.00 per hour per floor which may be changed from time to time in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursLandlord's sole discretion. Landlord shall also provide light replacement service for Landlord-furnished lightingmaintain and keep lighted the common stairs, common entries and toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicerooms in the Building. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, No interruption, failure or failure inability to such services due to provide any cause whatsoever. No temporary interruption service or failure utility, regardless of such services incident to the making of repairsits duration, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant, or entitle Tenant to an abatement of rent. b. Tenant shall not use any apparatus or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment device in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if which will in any way increase the amount of heat generated would place an undue burden on electricity usually furnished or supplied for the air conditioning system use of the Building. If Tenant uses Premises as general office space, nor connect with electric current any high-power-usage equipment apparatus or device except through existing electrical outlets in the Premises. If Tenant's usage of electricity, water or any other utility exceeds the Building Standard use of such utility, then to the extent permitted by Legal Requirements, Landlord may determine the amount of such excess use by any reasonable means (including, but not limited to, the installation at Landlord's request but at Tenant's expense of a separate meter or other measuring device) and charge Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as for the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthereof.

Appears in 1 contract

Samples: Lease (Mercata Inc)

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)

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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

Samples: Lease Agreement (Hallmark Financial Services 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) 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 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 (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 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.

Appears in 1 contract

Samples: Office Building Lease

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 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

Samples: Office Building Lease (Villageedocs Inc)

Services and Utilities. As long Tenant shall promptly pay, as the same become ----------------------- due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, water and sewer service available to the Premises as of the Delivery Date), and (b) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises, then Tenant shall pay its pro rata share of the cost of such utility service with all others served by the service not separately metered. However, (i) if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service (whether or not in default under any separately metered), then Landlord, at its election, may (1) periodically charge Tenant, as Additional Rent, a sum equal to Landlord's reasonable estimate of the provisions cost of Tenant's excess use of such utility service, and/or (2) install, at Tenant's expense, a separate meter to measure the utility service supplied to the Premises, and (ii) if Landlord reasonably determines that Tenant is using a disproportionate share of the electrical capacity available for the Building or Project (i.e., electrical usage in excess of that which would typically be used for general office purposes), then, in addition to the foregoing, Landlord may install, at Tenant's expense, additional equipment to increase the electrical capacity for the Building or Project to offset excess electrical usage by Tenant. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord shall maintain liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if (A) an interruption of utilities prevents Tenant from occupying all or a material portion of the Premises for the Permitted Use for a period of at least ten (10) consecutive business days and the public and common areas of the Building, (B) such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned interruption was caused by the negligent act or omission of TenantLandlord, then monthly Rent shall thereafter be proportionately abated during the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure period of such services incident to interruption. Nothing in this Section 4 shall limit the making parties' rights and obligations under Section 9 hereof, in the event of repairsa casualty affecting the Building or Premises. Tenant acknowledges and agrees that, alterationsnotwithstanding the later occurrence of the Rent Commencement Date, 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 under this Section 4 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 commence as 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 paymentCommencement Date.

Appears in 1 contract

Samples: Lease (Ydi Wireless Inc)

Services and Utilities. As long as Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days 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 Tenant shall promptly pay, as the same become ----------------------- due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the term, including without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, water and sewer service available to the Premises as of the Commencement Date), and (ii) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises, then Tenant shall pay its pro rata share of the cost of such utility service with all others served by the service not separately metered. However, if Landlord reasonably determines that Tenant is not in default under using a disproportionate amount of any utility service, then Landlord at its sole election may (i) periodically charge Tenant, as Additional Rent, a sum equal to Landlord's reasonable estimate of the provisions cost of Tenant's excess use of such utility service, or (ii) install, at Tenant's expense, a separate meter to measure the utility service supplied to the Premises. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Leaselease, Landlord shall maintain the Premises and the public and common areas any renovation, redecoration or rehabilitation of any area of the BuildingProject shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, such nor be construed as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, in the repair event that an interruption of which damage shall be paid for by Tenant. Landlord shall furnish the Project services causes the Premises with electricity to be untenantable for lighting and the permitted uses hereunder (including the operation of low-power-usage office machines, heat the Data Center) for a period of at least ten (10) consecutive days 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 such interruption was caused by the negligence or resulting from any variationwillful acts or omissions of Landlord or its agents, interruptionemployees or contractors, 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 then monthly Rent 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 proportionally abated thereafter for such permission if the amount of heat generated would place an undue burden on the air conditioning system untenantable portion 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: Lease (Navisite Inc)

Services and Utilities. As long Tenant shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light, heat and air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all oilier services supplied to or consumed on the Premises. To the extent not separately metered to the Premises, or not arranged and paid for by Tenant, the cost of such services shall be an Operating Expense and Tenant shall pay, as additional rent, a portion of such cost to Landlord as provided in Article 7. Tenant shall arrange and pay for all gas and electricity to the extent they are separately metered to the Premises. Janitorial services for the Premises and telephone services required by Tenant shall also be arranged and paid for by Tenant. To the extent that gas or electricity is not separately metered to the Premises, and 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 its sole discretion ("Business Hours"), and subject to the rules and regulations of the provisions Building of this Lease, Landlord shall maintain which the Premises and the public and common areas of the Buildingarc a part, such as lobbies, stairs, corridors and restrooms, Building Standard (defined in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with Exhibit "g") electricity for normal lighting and the operation of low-power-usage fractional horsepower office machines, heat and normal air conditioning, conditioning required in Landlord's judgment for the comfortable use and elevator service during ordinary business hoursoccupation of the Premises. Landlord shall also provide light replacement maintain and keep lighted during Business Hours the common stairs, common entries and toilet rooms in the Building. The lack of shortage of any service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervalsor utility described in this Article due to any cause whatsoever shall not affect Tenant's obligations hereunder, and customary building janitorial serviceTenant shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Landlord shall not be liable under any circumstances for injury to Tenant for any or death of or loss or damage caused by to persons or resulting from any variationproperty or damage to Tenant's business, interruptionhowever 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 which affect the temperature otherwise maintaine by the heating, ventilating and air conditioning system servicing the Premises, Landlord reserves the right to install supplementary air conditioning units in the Premises and the costs thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord as additional rent, and not as an Operating Expense. The entire cost of electricity, water, heat, air conditioning, elevator service, janitorial service and other services and utilities provided to the Premises in excess of Building Standard shall be paid for by Tenant upon demand by Landlord as additional rent, and not as an Operating Expense. Tenant shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises, any apparatus or device for the purpose of using gas, electric current or water. If Tenant should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Tenant shall obtain first procure the written permission consent of Landlord, which Landlord may refuse for any reason, to the use thereof and Landlord may refuse cause a water, gas meter or electric current meter to grant such permission if be installed in the Premises so as to measure the amount of heat generated would place water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay Landlord, as additional rent promptly upon demand therefor by Landlord, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an undue burden on estimate made by a utility company or electrical engineer selected by Landlord. Tenant shall not, without Landlord's prior written consent, use any machines or equipment which can exceed the air conditioning system capacity of any utility facilities now located within the Premises or the Building. If Tenant uses any high-power-usage equipment in the Premisesrequires additional capacity, Tenant shall request Landlord to provide such capacity, which request Landlord may refuse in advanceLandlord's sole discretion. If additional capacity is furnished, 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 demand and as additional rent the Premises or the Building costs thereof, including without limitation installation, operation, repair and shall provide promptly, upon request of Landlord, written proof of such paymentmaintenance costs.

Appears in 1 contract

Samples: Office Lease (QCS Net 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 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 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 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 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

Samples: Lease (Access Integrated 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 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 Provided that Tenant is not in default under any hereunder, Landxxxx xxxees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the provisions Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of this Leasethe Premises. If Tenant desires HVAC at any other time, Landlord shall maintain the Premises use reasonable efforts to furnish such service upon reasonable notice from Tenant and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage Tenant shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hourspay Landlord's charges therefor on demand. Landlord shall also provide light replacement service maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through or resulting from any variation, interruption, in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of heatinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall obtain not, without the written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in advancethe Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), on without first procuring the first day written consent of each month during Landlord, which Landlord may refuse, and in the least termevent of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenaxx xxxees to pay to Landlord promptly upon demand for all such water and electric current consumed as Additional Rent shown by said meters, at the reasonable amount estimated rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord as at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the cost of furnishing electricity for Premises. In the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinevent utilities are separately metered. Tenant shall pay prior promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to delinquency all personal property taxes payable with respect to all property of Tenant located on comparable office buildings in the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentarea.

Appears in 1 contract

Samples: Office Building Lease (Probusiness Services Inc)

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