Services and Utilities. 13.1 Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored). 13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder. 13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense. 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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove. 13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
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Services and Utilities. 13.1 Landlord shall provide Throughout the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit FLease Term, Landlord agrees to furnish to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable except for the normal office use of Tenant; (bcomputer room) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours business hours each day except on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and local --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidaysholidays recognized by the United States Government ("Building Standard Hours"). Landlord shall be responsible reserves the right to establish and collect a charge for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used air cooling/heating utilized by Tenant in the Premises as measured by a submeterduring hours and/or days other than during Building Standard Hours, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the but Landlord's failure to establish and/or collect such charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able deemed a waiver of Landlord's right to use include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and occupy, or electric to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary Tenant other than during Building Standard Hours from and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of after the Lease Reference DateCommencement Date will be Fifty Dollars ($50.00) per hour, with such amount subject to be increased change from time to time by Landlord upon written notice from Landlord to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the extent that foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the market therefor increases based upon Landlord’s judgment Premises and the Common Areas;
(the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (306) days of receipt of Landlord’s ▇▇▇▇▇▇▇ therefor. If of all Building standard ceiling lighting fixtures in the Estimated Electricity Submeter Charge that Premises; and
(7) An electronic card-key building access system which will provide Tenant pays during such applicable billing period pursuant with twenty-four (24) hours per day, seven (7) days per week access to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricityBuilding, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1Premises, orelevators and parking lot, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC serviceTenant acknowledges and agrees that repairs, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expenseor parking lot from time to time.
13.3 Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
Appears in 2 contracts
Sources: Deed of Office Lease (Mercator Software Inc), Deed of Office Lease (Mercator Software Inc)
Services and Utilities. 13.1 (a) Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to will furnish to the Premises at all times during the Term normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and in a manner heating during the seasons when such utilities are required. Landlord will provide the following services consistent with a similar class of the standards generally applicable to Class A suburban office building as the Building buildings in the BedfordMarket Area: char and janitorial service, Massachusetts market area: (a) electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water suitable supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal office use hours of Tenant; 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 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Phase II Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(b) heat and air conditioning required in Landlord’s judgment Tenant, for so long as it is the use and occupation sole lessee of the Premises during Building Business Hours (it being understood thatBuilding, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is upon not billed directly by a public utility, Tenant shall pay, within less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the "Assumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to perform janitorial and char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord’s demand's notice, for all electricity used by Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant in to terminate the Premises as measured by provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for different provider of such services by the local public utilityAssumed Service. Landlord will include electricity costs shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for a period of thirty (30) days after Landlord has given notice to operate Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the HVAC system provider of the Assumed Service commences curative action within such thirty (30) day period and proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) 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 Expensesthis Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the terms and foregoing or anything else in this Lease, but subject to the provisions of this Article 13Section 14.6 below, ifin the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for more than three five (35) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion or for ten (10) business days in any twelve (12) month period (the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and "ELIGIBILITY PERIOD") as a result of such failure any interruption of utilities or services or access (iincluding elevator access) Tenant shall not be reasonably able or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to use and occupy, Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to have access to, the Premises, or a material portion of the Premises, herein as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period"SUSPENSION EVENTS"), then the obligation of Tenant to pay all Annual Base Rent and additional rent payable hereunder shall be abated 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 to that the rentable area of the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced prevented from using, and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing does not use, bears to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per total rentable square foot area of the Premises per annumPremises; provided that, which any interruption of utilities or services resulting from Tenant's failure to timely pay for any electricity that is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord billed directly to Tenant to by the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge electric utility pursuant to Section 4.34.7 hereof shall not be deemed a Suspension Event and shall not 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.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) Landlord shall enter into a reasonable allowance for depreciation of any systems being used to provide such servicemanagement agreement in form and substance approved by Tenant (the "MANAGEMENT AGREEMENT") with an entity designated by Landlord ("MANAGER"), and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s 's approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed; provided, contract however that Tenant's approval of the terms and conditions of the Management Agreement and the Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in the form attached hereto as Exhibit F. If the Management Agreement is with a utility provider third party, the Management Agreement shall contain a provision permitting Landlord to service terminate the Premises Management Agreement without liability on the part of Landlord or Tenant upon thirty (30) days prior notice to Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord agrees not to cancel, amend or extend the Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gasa third party without Tenant's approval, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this Section 13.3, an "AFFILIATE OF LANDLORD" shall mean any corporation, association, trust, partnership, limited liability company, joint venture or other entity (i) which Controls (as herein defined) Landlord or (ii) which is under the Control of Landlord through stock ownership or otherwise or (iii) which is under common Control with Landlord. The terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall mean the power to directly or indirectly influence the direction, management or policies of Landlord or such other entity.
Appears in 1 contract
Services and Utilities. 13.1 Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except 14.1 So long as otherwise provided in Exhibit F, Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by in Default, Landlord will furnish or cause to be furnished on a public utility, Tenant shall pay, within thirty (30) days continuous basis electricity for normal business usage. Tenant's use of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights may not at any time exceed the capacity of the electrical conductors and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, equipment serving the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install, at the Tenant's sole cost, check meters, which will be utilized to determine the amount Tenant will reimburse Landlord for Tenant's excess usage. Without Landlord's prior written consent, Tenant may not: (i) connect heating or air-conditioning equipment; special lighting in excess of building standard specifications or any other item of electrical equipment that consumes more than permitted by, the building standard specifications or (ii) make any alteration or addition to the electric system of the Premises. If Landlord grants such consent, Landlord will provide at the cost to Landlord plus Landlord's overhead charge of ten percent (10%) of the cost, which cost Tenant shall pay to Landlord on demand, additional risers or other required equipment. In addition, Landlord may increase the Base Rent by an amount reflecting the estimated additional capacity of such risers or other equipment. Notwithstanding, Landlord may require Tenant to install supplementary heating and/or air separate meters, at Tenant's sole cost, and to pay utilities directly to the utility company.
14.2 So long as Tenant is not in Default, Landlord will furnish or cause to be furnished to the Premises Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 1:00 p.m. (but, not on Sunday, legal holidays or days Landlord designates for holiday observance) heat or air-conditioning units in or for (depending upon the benefit season) at reasonable temperatures as determined by Landlord to provide reasonably comfortable occupancy of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten under Normal Business Conditions (10defined below) days of Landlord’s demand; provided, however, (excepting any areas that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of develop excessive heat from machines, equipment lights, sun, overcrowding or devices to exceed the specifications set forth on Exhibit F attached heretoother sources). "Normal Business Conditions" (herein so called) for maintaining reasonably comfortable temperatures are:
(a) One person per 250 square feet average occupancy per floor:
(b) Two and One Half (2 1/2) watt▇ ▇▇▇ square foot for Tenant lighting and power use average per floor; and
(c) Light-colored blinds, fully drawn and slats at a 45 degree angle coincident with peak sun lead or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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 consumedequivalent solar barrier.
13.5 Tenant will not without the written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
Appears in 1 contract
Sources: Lease Agreement (Careerbuilder Inc)
Services and Utilities. 13.1 Subject to the provisions contained elsewhere herein and to the rules and regulations of the Building, Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees cause to furnish be furnished to the Premises at all times during the Term and in a manner consistent electricity, together with a similar class of office building as the Building in the Bedfordheating, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat ventilating and air conditioning (“HVAC”), required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate but not in excess of such heat utilities and air conditioning systems at no additional cost to Tenant services which are customarily furnished in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of comparable office building as the Building buildings in the Bedford, Massachusetts immediate market area); (c) elevator service , during the business hours of the Building, which shall initially be 8:00 A.M. to 6:00 P.M., Monday through Friday, and 9:00 A.M. to 1:00 P.M., Saturday, except for holidays determined by nonattended automatic elevators; Landlord from time to time, and (d) equipment suitable to bring janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the immediate market area. Landlord shall, at Tenant’s request, provide after- hours HVAC to the Premises, provided that Tenant shall pay to Landlord a charge therefor (based on all costs on a particular electrical b▇▇▇ [including, without limitation, surcharges or other recovery charges]) as reasonably determined by Landlord from time to time; provided, that Tenant acknowledges that due to variations in rates charged by electricity providers serving the Premises electricity for lightingover the term of the Lease, convenience outlets and other Permitted Uses parameters not within Landlord’s control (such as usage of Tenant. all other users [at the Project or elsewhere] serviced by the electricity providers), it may not be known until a later date whether particular after-hours usage imposed additional costs to Landlord agrees (and Landlord may need to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdaysretain consultants, Sundays and national and local legal holidays). Landlord which shall be responsible for snow removal in a manner consistent with properties of a similar caliber reasonably acceptable to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. belowTenant, to determine whether there were and the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeureadditional costs), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, for any additional costs (including any tax imposed thereon, but in no event at a charge more than Landlord’s actual cost therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (consultants) as and when requested by Landlord; provided, however, that such administrative charge Landlord’s request shall not exceed fifteen percent be accompanied by commercially reasonable documentation. Tenant shall notify Landlord at least forty-eight (15%48) of the charge for hours in advance prior to noon on any such additional service). The current charge for business day of-Tenant’s after-hours HVAC service, which is subject to change at any time, is specified requirements. The Building’s HVAC system shall provide HVAC on the Reference Pagesa floor-by-floor basis. Notwithstanding the foregoing to the contrary, however, Tenant shall keep and cause to be responsible kept closed all window coverings when necessary because of the sun’s position, and Tenant also shall at all times cooperate fully with Landlord and abide by all the regulations and requirements which Landlord may prescribe for furnishing its own security within the Premises at Tenant’s sole cost proper functioning and expense.
13.3 Wherever heat protection of the heating, ventilating and air conditioning system. If any heat-generating machines machine, excess lighting or equipment are used by Tenant in the Premises which affect affects 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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approvalsystem, Landlord reserves the right to shall notify Tenant, and Tenant-shall, within twenty (20) days after receipt of such notice, remove or disconnect such machine or equipment; provided that if Tenant does not remove or disconnect such machine or equipment, Landlord may install supplementary heating and/or air conditioning units in or for the benefit of the Premises Premises, and the cost thereofthereof (including, including but not limited to, the cost of installation installation, separate utility metering, operation and the cost of operations and maintenance, maintenance thereof) shall be paid by Tenant to Landlord within ten upon demand by Landlord. If Landlord, in its reasonable discretion, determines that the operation of a bank branch or the ATM, or the use of the “Bank Visitor Only” parking spaces (10as described in Section 334.8) days requires the presence of Landlord’s demand; provideda security guard, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail be solely responsible, at its cost, to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinaboveprovide same.
13.4 13.2 Notwithstanding the last sentence of Section 13.1 above, Tenant will shall not, without the prior written consent of Landlord (which shall not be unreasonably withheld or delayed)Landlord, in Landlord’s sole and absolute discretion, use in the Premises any apparatus, device, machine or equipment using excess lighting, electricity or water; nor shall Tenant connect any apparatus or device in the Premises that will cause Tenant’s aggregate usage to sources of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity electrical current or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, nor connect with electric current, except through any existing electrical outlets or water pipes in the Premises; provided, or water pipesthat Tenant shall be entitled to use computers, any apparatus or device for the purposes of using electrical current or waterphotocopy, video teleconferencing, facsimile machines and related office equipment so long as they are properly connected and do not consume excess electricity. If Tenant shall require excess electricity (including, without limitation, for illuminating signage and/or for fitness/exercise room equipment) or water or electric current any other resource in excess of that required to be furnished or customarily supplied for use of the Premises as set forth on Exhibit F attached heretosimilar premises, Tenant shall procure first request the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed)Landlord, in Landlord’s sole and absolute discretion, and if obtain, at Tenant’s sole cost and expense, any additional consent required from governmental authorities. In the event that Landlord does consentgives its consent and any such additional consent is obtained, Landlord may cause a water meter or electric current meter separate metering device to be installed in the Premises so as to measure the amount of such excess water and electric currentthe resource consumed within the Premises. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, separate metering device including, but not limited to, telecommunicationsthe cost of installation, electricitymaintenance and repair thereof shall be paid by Tenant. Tenant shall promptly pay the cost of all excess resources consumed within the Premises, water, sewer or gastogether with any additional administrative expense incurred by Landlord in connection therewith, which is not previously shall include, without limitation, the cost of changing settings and any energy management system [“EMS”] personnel and HVAC contractors incurred in connection with providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules excess resources (and regulations and the provisions of Articles 6 and 26, Tenant Landlord shall be entitled to charge an administrative fee/overhead in connection with such excess resources equal to ten percent (10%) of the administrative expense incurred by Landlord such as for changing settings or for EMS personnel and HVAC contractors; provided, that Landlord shall not charge such fee on the actual cost of the excess resources such as electricity). For purposes of the foregoing, excess electricity shall be deemed to consist of any amount consumed during a day in excess of .002 kilowatts per hour per usable square foot of the Premises for the number of business hours of the Building during that day as determined by Landlord for fluorescent lighting and .002 kilowatts per hour per usable square foot of the Premises for such number of business hours for convenience power.
13.3 Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from any interruption of utilities or services caused by (i) the installation or repair of any equipment in connection with the furnishing of utilities or services, (ii) acts of God or the elements, labor disturbances of any character, any other accidents or any other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or the Project (in which event Landlord shall use reasonable efforts to minimize any interference with Tenant’s use and quiet enjoyment of the Premises), or (iii) the limitation, curtailment, rationing or restriction imposed by any governmental agency or service or utility supplier on use of wiring water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Furthermore, Landlord shall be entitled, without any obligation or compensation to Tenant, to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or service or utility suppliers in reducing energy or other resource consumption; if Landlord shall so cooperate, Tenant shall also reasonably cooperate therewith. Notwithstanding the foregoing, if (“Communications Wiring”)a) utilities or other services necessary for the operation of Tenant’s business are interrupted, at its own risk, (b) such interruption (1) continues for more than three (3) business days following Landlord’s receipt of written notice from Tenant advising of such interruption and (2) is materially and adversely affecting the existing telecommunications nexus operation of Tenant’s business in the Building to the Premises, sufficient for and (c) such interruption is due to the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent negligence of Landlord, then Base Rent shall a▇▇▇▇ from the expiration of such 3- day period until such interrupted utility or service is restored.
13.4 Landlord hereby permits Tenant to use an existing three and one- half (3 1/2) ton split system air-conditioning unit owned by Landlord (“Auxiliary HVAC Unit”) serving the existing first floor Premises Suite 1050 computer room. In consideration therefor, Tenant agrees to keep the unit in good maintenance and repair at Tenant’s sole cost and expense. Any replacement of the Auxiliary HVAC Unit during the term of the Lease shall be Tenant’s responsibility, and Landlord shall have no obligation, therefor. The computer room equipment electric circuits, including the Auxiliary HVAC Unit, the fitness/exercise room equipment, all signs, and any other electrical equipment in the Premises that would not typically be located in premises which consent were being used for general office purposes (collectively, the “Non-Typical Electrical Equipment”) shall be metered (or submetered) separately for electric utility consumption, and Tenant shall be obligated to pay Landlord for the consumption costs as determined hereinbelow. Electric utility consumption costs for the Non-Typical Electrical Equipment shall be computed by taking the electric consumption measured by separate meter in kilowatt hours (“KWH”) for a given time period (“Billing Period”) and multiplying it times the Project’s average unit cost per KWH for the corresponding Billing Period. The Project’s average electric utility consumption costs per KWH (“KWH Unit Cost”) shall be determined by taking the sum total of all Project electric utility costs required to provide electric power for each Billing Period and dividing it by the Project’s total KWH consumption for the corresponding Billing Period. Any late payment penalties, if any, will be excluded from the total b▇▇▇ amount. By way of example, if the sum total costs of all Project electric utility bills for a particular Billing Period are $4,000 based on a total Project consumption of 45,000 KWH, the KWH Unit Cost is $0.089. If the electric utility consumption for the Non-Typical Electrical Equipment for the corresponding Billing Period is 850 KWH, then the amount payable by Tenant to Landlord is $75.65. Landlord shall determine how many Billing Periods there will be, but not less than one per year, in order to facilitate meter reading and accounting. At Landlord’s option, Tenant shall pay an estimated monthly amount for its share of the electric utility consumption costs based on its average consumption experience, and Tenant shall pay that amount along with its installment of monthly rent. In this event, the actual consumption costs payable by Tenant shall be unreasonably withheld, conditioned reconciled at least annually with that paid by Tenant for a given time period. Any amount payable or delayedoverpaid will be added or credited to the next monthly estimate payable in accordance herewith. All amounts paid by Tenant hereunder shall be credited to the Project Direct Costs.
Appears in 1 contract
Services and Utilities. 13.1 14.1 Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to will furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedfordheating, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat ventilation and air conditioning ("HVAC") during the seasons they are required in Landlord’s 's reasonable judgment for the use at temperatures and occupation as are typically provided to similar types of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building buildings in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall not be responsible liable for snow removal in a manner consistent with properties of a similar caliber any failure to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject maintain comfortable atmosphere conditions in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the any portion of the Premises due to excessive heat generated by any equipment or machinery installed by Tenant (with or without Landlord's consent) or due to any impact that Tenant is unable to use as a result Tenant's furniture, equipment, machinery or millwork may have upon the delivery of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing HVAC to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot Premises. For purposes of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.114.1, or, if the Lease has been terminated, refund the difference excessive heat shall be deemed to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus result from (a) a reasonable allowance the installation of machinery or equipment, other than normal office machinery and equipment or light manufacturing or software engineering equipment, in an area not engineered for depreciation of any systems being used to provide such serviceequipment, and or (b) the cost installation and concurrent operation of any administrative fee a number of normal office machines or pieces of equipment in an area not engineered for such a concentration. For example, a typical light manufacturing and engineering facility will provide comfortable temperatures for its occupant when a normal personal computer and other operational equipment, or a number of smaller computers are installed and operated in that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) area. The normal hours of operation of the charge for any Building will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except such additional service). The current charge for after-hours HVAC serviceholidays) and such other hours, which is subject to change at any timeif any, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expenseas Landlord determines.
13.3 Wherever heat generating machines or equipment are used by 14.2 If Tenant in the Premises which affect the temperature otherwise maintained by the requires lighting, air conditioning system or Tenant allows occupancy heat beyond the normal hours of the Premises by more persons than the heating and air conditioning system is designed operation (8AM to accommodate pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days6PM Monday through Friday), then Landlord shall have will furnish the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenantsame. Tenant agrees to pay to Landlord, as Additional Rent for such extra service, $70.00 per hour for use of Premises beyond the normal hours. Tenant acknowledges that this amount represents use of utilities for normal office operations only and does not include use of utilities for any other purpose.
14.3 Tenant shall promptly reimburse Landlord within ten (10) days of Landlord’s demand, on demand for the cost of all such any 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 usage in 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, which shall not be unreasonably withheld, conditioned or delayed, contract connection with a utility provider to service the Premises with any utility, (including, but not limited to, telecommunications, electricity, water, sewer and chiller usage). Excess and/or disproportionate usage shall be determined by joint consultation of Landlord and Tenant's independent mechanical contractors, and pursuant to measurement of such usage by Landlord's energy management system.
14.4 Landlord reserves the right to curtail or gassuspend any utility, which is not previously providing such service to other tenants or Building system when necessary or desirable in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent judgment of Landlord, which consent except in cases of emergency, with forty-eight (48) hours prior written notice to Tenant, by reason of accident, emergency, repairs, alterations, replacements or improvements, until such cause has been removed or remedied. In the event of Landlord's failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder, Landlord shall not be unreasonably withheldhave any liability to Tenant; provided, conditioned however, that Landlord shall use good faith efforts to restore such failure or delayedinability so long as such failure or inability is within Landlord's reasonable control, and Tenant's rent is reduced in prorate share to such curtailment or suspension of any utility services or building system if due to landlords willful misconduct.
14.5 If any public utility or governmental body requires Landlord or Tenant to restrict the consumption of any utility or reduce any service to the Premises or the Building, Landlord and Tenant shall comply with such requirements whether or not utilities and services referred to in this Article XIV are thereby reduced or otherwise affected, without any abatement, deduction, set-off, rebate or adjustment to the Gross Rent or additional rent payable hereunder.
Appears in 1 contract
Sources: Lease Agreement (Electronic Retailing Systems International Inc)
Services and Utilities. 13.1 (a) Landlord shall provide agrees, without charge except as provided herein, and in accordance with standards reasonably established from time to time prevailing for office buildings in the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit FMetropolitan Detroit Area, Landlord agrees to furnish water to the Building for use in lavatories and drinking fountains (and to the Premises at all times if the plans for the Premises so provide); during the Term hours from 8:00 a.m. to 6:00 p.m. on Monday through Friday and in a manner consistent with a similar class of office building 8:00 a.m. to 1:00 p.m. on Saturday, (excluding holidays) to furnish such heated or cooled air to the Premises as the Building may, in the Bedfordjudgment of Landlord, Massachusetts market area: (a) hot and cold water suitable be reasonably required for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation occupancy of the Premises provided that Tenant complies with the recommendations of Landlord's engineer regarding occupancy and use of the Premises; to provided janitorial services for the Premises (including such interior and exterior window washing as may be determined by Landlord but no less frequently than two (2) times per year), such janitorial services to be provided after 6:00 p.m. five (5) days a week or Monday through Friday (excluding, legal holidays); during ordinary business hours to cause electric current to be supplied for lighting the public portions of the Building Business Hours (it being understood that, or Building Complex; and to furnish such snow removal services to the extent necessaryBuilding Complex as may, Landlord shall activate such heat and air conditioning systems at no additional cost in the judgment of Landlord, be reasonably required for safe access to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of TenantComplex. Landlord agrees to furnish cleaning maintain the Building at a habitable level at all times and janitorial service Tenant will have the ability to override the system to provide, at Tenant's cost, for HVAC before or after Building Business Hours on generally recognized business days standard hours.
(but exclusive in any event of Saturdays, Sundays and national and local legal holidays)b) Tenant hereby agrees to pay all charges with respect to electrical services furnished to or used within the Premises. Landlord shall be responsible agrees to provide and install appropriate meters at the Premises for snow removal in a manner consistent with properties measuring Tenant's consumption of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days electricity as part of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays 's construction work pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Paragraph 20 (a) hereof. Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord all 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord electricity within ten (10) days after the date of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing submission of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited monthly statement 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 provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
Appears in 1 contract
Sources: Office Building Lease (Michigan Heritage Bancorp Inc)
Services and Utilities. 13.1 (a) Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to will furnish to the Premises at all times during the Term normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and in a manner heating during the seasons when such utilities are required. Landlord will provide the following services consistent with a similar class of the standards generally applicable to Class A suburban office building as the Building buildings in the BedfordMarket Area: char and janitorial service, Massachusetts market area: (a) electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including Lighting fixtures and bulb replacements, hot and cold water suitable supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal office use hours of Tenant; 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 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(b) heat and air conditioning required in Landlord’s judgment Tenant, for so long as it is the use and occupation sole lessee of the Premises during Building Business Hours (it being understood thatBuilding, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is upon not billed directly by a public utility, Tenant shall pay, within less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the "Assumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to perform janitorial and char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord’s demand's notice, for all electricity used by Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant in to terminate the Premises as measured by provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for different provider of such services by the local public utilityAssumed Service. Landlord will include electricity costs shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for a period of thirty (30) days after Landlord has given notice to operate Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the HVAC system provider of the Assumed Service commences curative action within such thirty (30) day period arid proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) 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 Expensesthis Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the terms and foregoing or anything else in this Lease, but subject to the provisions of this Article 13Section 14.6 below, ifin the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for more than three five (35) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion or for ten (10) business days in any twelve (12) month period (the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and "ELIGIBILITY PERIOD") as a result of such failure any interruption of utilities or services or access (iincluding elevator access) Tenant shall not be reasonably able or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to use and occupy, Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to have access to, the Premises, or a material portion of the Premises, herein as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period"SUSPENSION EVENTS"), then the obligation of Tenant to pay all Annual Base Rent and additional rent payable hereunder shall be abated 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 to that the rentable area of the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced prevented from using, and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing does not use, bears to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per total rentable square foot area of the Premises per annumPremises; provided that, which any interruption of utilities or services resulting from Tenant's failure to timely pay for any electricity that is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord billed directly to Tenant to by the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge electric utility pursuant to Section 4.34.7 hereof shall not be deemed a Suspension Event and shall not 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.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) Landlord shall enter into a reasonable allowance for depreciation of any systems being used to provide such servicemanagement agreement in form an substance approved by Tenant (the "MANAGEMENT AGREEMENT") with an entity designated by Landlord ("MANAGER"), and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s 's approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed; provided, contract however that Tenant's approval of the terms and conditions of the Management Agreement and the Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in the form attached hereto as Exhibit F. If the Management Agreement is with a utility provider third party' the Management Agreement shall contain a provision permitting Landlord to service terminate the Premises Management Agreement without liability on the part of Landlord or Tenant upon thirty (30) days prior notice to Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord agrees not to cancel, amend or extend the Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gasa third party without Tenant's approval, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this Section 13.3, an "AFFILIATE OF LANDLORD" shall mean any corporation, association, trust, partnership, limited liability company, joint venture or other entity (i) which Controls (as herein defined) Landlord or (ii) which is under the Control of Landlord through stock ownership or otherwise or (iii) which is under common Control with Landlord. The terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall mean the power to directly or indirectly influence the direction, management or policies of Landlord or such other entity.
Appears in 1 contract
Services and Utilities. 13.1 Except to the extent that the same are contracted for directly by the Tenant and the service provider, Landlord shall provide at its expense, subject to reimbursement under Section 2.2, (a) heating, ventilation, and air conditioning (HVAC) for the Premises during business hours (i.e., Monday through Friday, 7:00 a.m. through 7:00 p.m. and Saturday, 8:00 a.m. through 1:00 p.m., but excluding New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas) to maintain temperatures for comfortable use and occupancy in light of Tenant’s Improvements and otherwise in accordance with services meeting or exceeding the specifications set forth on in Exhibit F A attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to furnish ; (b) nightly janitorial services to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: business days; (ac) hot and cold water suitable sufficient for drinking, lavatory, toilet, and ordinary cleaning purposes twenty-four hours a day, seven days a week; (d) electricity to the Premises that provides electric current in reasonable amounts necessary for normal office use of Tenantuse, lighting, and HVAC twenty-four hours a day, seven days a week; (be) heat replacement of lighting tubes, lamp ballasts, and air conditioning required in Landlord’s judgment for the use bulbs with “building standard” tubes, ballasts and occupation of bulbs; (f) extermination and pest control when necessary; (g) elevator services to the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat with at least one (1) elevator operating at all times); and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours (h) maintenance in a manner consistent with a similar comparable to other first class of office building as the Building buildings in the Bedfordarea at Loudoun County wherein the Premises are located. The maintenance shall include without limitation cleaning, Massachusetts market area); (c) elevator service by nonattended automatic elevators; HVAC, illumination, snow shoveling, deicing, repairs, replacements, lawn care, and (d) equipment suitable to bring landscaping. Tenant shall have access to the Premises electricity for lighting24 hours a day, convenience outlets and other Permitted Uses of Tenant. 7 days a week, however, Landlord agrees may restrict access, in a manner approved by Tenant so long as Tenant is the sole Building tenant, by requiring persons to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days show a badge or identification card or to use an access card issued by Tenant (but exclusive in any event of Saturdays, Sundays and national and local legal holidayswith copies to Landlord). Landlord shall not permit its cleaning and janitorial crews to access the Premises for cleaning on any business day prior to 7:00 p.m. unless approved or otherwise requested by Tenant. Notwithstanding the foregoing, Tenant shall have the right, but not the obligation, to cause Landlord to not provide cleaning services to the Premises in which event Tenant shall be responsible for snow removal cleaning the Premises and shall pay the cost of the same directly to its specialized vendors of cleaning services. In such event, the cost allocation for cleaning services included in a manner consistent with properties the Operating Expenses shall be deducted from Operating Expenses and will not be included in the Additional Rent otherwise due and payable by Tenant to Landlord. If Tenant elects to provide its own cleaning services, the company providing the same, and the cleaning specifications, shall be subject to Landlord’s reasonable approval. Landlord may temporarily close the Building if reasonably required because of a life-threatening or Building-threatening situation. Landlord shall use its best efforts to close the Building during nonbusiness hours only and to restore full operation of the Building as soon thereafter as is practicable. Whenever during the Base Year, and thereafter whenever Tenant is leasing less than the entire Building, Tenant is using extra services or utilities or electricity because of nonbusiness-hours use, or use above that typical of commercial tenants in buildings similar caliber to the Park Building. Landlord will directly charge Tenant only for the actual charges therefor limited to (a) the actual cost of utilities and (b) the actual cost of any direct labor required to provide such service. Landlord will provide extra HVAC and/or electricity upon reasonable advance verbal notice. Extra hours HVAC will be supplied at the rate of $35 per hour per floor during the Base Year subject to increases thereafter for only direct increases in the Bedfordcost of the utilities used to provide HVAC service. Unless Tenant receives Landlord’s advance written consent Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery other than personal computers, Massachusetts area. Subject to Section 13.1.1. belowreproduction machines, to fax machines, and other machinery and equipment normally used in offices, or are equipment or machinery of the extent that type located as of the date of this Lease in the space Tenant is currently leasing in the Ridgetop One office building. Landlord shall not billed directly unreasonably withhold, condition, or delay its consent, but Landlord may require payment for the actual charges for extra use of electricity caused by a public utilityoperating this equipment or machinery. Landlord may require that special, high electricity consumption installations of Tenant not customary of installations by typical office tenants (but expressly excluding personal computers, servers, printers, fax machines, customary cooking and kitchen equipment and office photocopy machines) be separately sub-metered for electrical consumption at Tenant’s cost. Any supplemental HVAC system installed by Tenant shall pay, be separately submetered at Tenant’s expense and Tenant will pay for electricity consumed by that system. Tenant’s failure to pay the charges above within thirty (30) days of Landlordreceiving a proper and correct invoice shall entitle Landlord to the same remedies it has upon Tenant’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utilityfailure to pay Rent. Landlord does not warrant that any services Landlord supplies will include electricity costs not be interrupted. Services may be interrupted because of accidents, repairs, alterations, improvements, labor disputes, force majeure, or any reason beyond the reasonable control of Landlord. Provided Landlord is using reasonable efforts to operate restore the HVAC system in Expensesservice, any interruption shall not (a) be considered an eviction or disturbance of Tenant’s use and possession of the Premises; (b) make Landlord liable to Tenant for damages; (c) ▇▇▇▇▇ Rent or Additional Rent except as provided below or (d) relieve Tenant from performing Tenant’s Lease obligations. Notwithstanding the terms and provisions of foregoing or anything to the contrary set forth in this Article 13Lease, if, in the event any services are interrupted for more than three any reason (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility including life threatening or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force MajeureBuilding threatening reasons), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, interruption renders all or to have access to, the Premises, or a material any portion of the Premises, as the case may be, Premises untenantable (which for the normal purposes hereof shall mean unable to be occupied for conduct of Tenant’s business operations without extraordinary and unreasonable measures therein as currently being required to be taken by Tenant in order to do so, and conducted) for five (ii5) Tenant does not use or occupy the same during said periodconsecutive days, then from and after the obligation sixth day of such interruption Tenant shall be entitled to pay Annual an equitable abatement of all Rent and additional rent hereunder shall be abated in proportion Additional Rent with respect to the portion of the Premises that Tenant rendered untenantable, which abatement shall continue until such time as the affected portion is unable to use as rendered tenantable. If a result substantial portion of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for rendered untenantable such electricity, Landlord may elect to require that Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot cannot effectively conduct its business in the remaining portion of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing periodPremises, then Tenant all Rent and Additional Rent shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇▇ therefor. If during the Estimated Electricity Submeter Charge pendency of the remainder of such untenantability, and shall thereafter be equitably abated as and when the Premises or portions thereof again become tenantable such that Tenant pays during such applicable billing period pursuant to can effectively conduct its business therein until the preceding paragraph is more than whole Premises becomes tenantable. In the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 interruption causes untenantability of the Premises by more persons than the heating and air conditioning system is designed to accommodate pursuant to the specifications set forth on Exhibit F attached hereto, 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 a material portion of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten continues for one hundred eighty (10180) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) calendar days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedterminate this Lease.
Appears in 1 contract
Sources: Lease (Neustar Inc)
Services and Utilities. 13.1 (a) Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to will furnish to the Premises at all times during the Term normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and in a manner heating during the seasons when such utilities are required. Landlord will provide the following services consistent with a similar class of the standards generally applicable to Class A suburban office building as the Building buildings in the BedfordMarket Area: char and janitorial service, Massachusetts market area: (a) electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water suitable supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal office use hours of Tenant; 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 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(b) heat and air conditioning required in Landlord’s judgment Tenant, for so long as it is the use and occupation sole lessee of the Premises during Building Business Hours (it being understood thatBuilding, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is upon not billed directly by a public utility, Tenant shall pay, within less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the "Assumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to perform janitorial and char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord’s demand's notice, for all electricity used by Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant in to terminate the Premises as measured by provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for different provider of such services by the local public utilityAssumed Service. Landlord will include electricity costs shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for a period of thirty (30) days after Landlord has given notice to operate Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the HVAC system provider of the Assumed Service commences curative action within such thirty (30) day period and proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) 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 Expensesthis Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the terms and foregoing or anything else in this Lease, but subject to the provisions of this Article 13Section 14.6 below, ifin the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for more than three five (35) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion or for ten (10) business days in any twelve (12) month period (the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and "ELIGIBILITY PERIOD") as a result of such failure any interruption of utilities or services or access (iincluding elevator access) Tenant shall not be reasonably able or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to use and occupy, Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to have access to, the Premises, or a material portion of the Premises, herein as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period"SUSPENSION EVENTS"), then the obligation of Tenant to pay all Annual Base Rent and additional rent payable hereunder shall be abated 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 to that the rentable area of the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced prevented from using, and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing does not use, bears to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per total rentable square foot area of the Premises per annumPremises; provided that, which any interruption of utilities or services resulting from Tenant's failure to timely pay for any electricity that is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord billed directly to Tenant to by the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge electric utility pursuant to Section 4.34.7 hereof shall not be deemed a Suspension Event and shall not 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.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) Landlord shall enter into a reasonable allowance for depreciation of any systems being used to provide such servicemanagement agreement in form an substance approved by Tenant (the "MANAGEMENT AGREEMENT") with an entity designated by Landlord ("MANAGER"), and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s 's approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed; provided, contract however that Tenant's approval of the terms and conditions of the Management Agreement and the Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in the form attached hereto as Exhibit F. If the Management Agreement is with a utility provider third party, the Management Agreement shall contain a provision permitting Landlord to service terminate the Premises Management Agreement without liability on the part of Landlord or Tenant upon thirty (30) days prior notice to Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord agrees not to cancel, amend or extend the Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gasa third party without Tenant's approval, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this Section 13.3, an "AFFILIATE OF LANDLORD" shall mean any corporation, association, trust, partnership, limited liability company, joint venture or other entity (i) which Controls (as herein defined) Landlord or (ii) which is under the Control of Landlord through stock ownership or otherwise or (iii) which is under common Control with Landlord. The terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall mean the power to directly or indirectly influence the direction, management or policies of Landlord or such other entity.
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Services and Utilities. 13.1 14.1 Landlord and Tenant acknowledge that there exists as of the Reference Date HVAC units that solely service the Premises and entry vestibules (the "Existing HVAC Units") and which Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to furnish to the Premises at all times repair and maintain-during the Term Term, provided that Tenant shall have the sole right to control the use and hours of use of such HVAC unit. Tenant shall maintain any upgrades on HVAC which may be installed by Tenant in a manner consistent accordance with a similar class the Alterations, Maintenance and Repairs and Work Agreement provisions of office building as this Lease. Electric service adequate to service Tenant's Permitted Uses of the Building Premises, including servicing of the Existing HVAC Units, shall be submetered to Tenant which submetering unit currently exists in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat Premises. Gas consumption shall be a prorated charge. Additional heating and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord units provided by Tenant as an approved | Alteration shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is be maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and will provide: janitorial service after Building Business Hours on generally recognized business days Monday through Friday only (but exclusive in any event of Saturdays, Sundays excluding legal public holidays celebrated by the federal government); common area electricity; water; elevator service; and national and local legal holidays)exterior window-cleaning service. Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty For utility purposes (30) days of Landlord’s demand, for all other than electricity used obtained by Tenant in for the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, through the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required submetering to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result the normal hours of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion operation of the PremisesBuilding will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except such holidays) and 8:00 a.m. to 12:00 p.m. on Saturday (except such holidays) and such other hours, if any, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pagesdetermines. Notwithstanding the foregoing to the contrary, howeverprovisions or any other provision of this Lease, Tenant shall be responsible for furnishing its own security within have access to the parking area, Building and the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten seven (107) days of Landlord’s demand; providedper week, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five twenty-four (524) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 waterhours per day. If Tenant shall require water or electric current in excess of that required to be furnished or supplied utility service for use of the Premises as set forth on Exhibit F attached heretois not separately metered, Tenant shall procure the prior written consent of Landlord pay for the use thereof (which shall not be unreasonably withheld or delayed), and if Landlord does consent, Landlord may cause a water meter or electric such extra service in accordance with Landlord's then-current meter to be installed so as to measure the amount of such excess water and electric currentschedule. The cost of any such meters then current rent schedule shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) days of reflect the 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility's actual costs, including, but not limited to, telecommunications, electricity, water, sewer or gas, which the costs of utilities and building engineer service. If the utility service for the Premises is not previously providing such service to other tenants separately metered and a separate thermostat is located in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for Tenant may activate the Permitted Uses of Tenantextra service without notice to Landlord. Tenant shall not install any additional Communications WiringExcept as otherwise specified herein, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent Landlord shall not be unreasonably withheld, conditioned or delayedrequired to furnish services and utilities during hours other than the normal hours of operation of the Building.
Appears in 1 contract
Services and Utilities. 13.1 Landlord shall provide will furnish reasonably adequate water, lavatory supplies, fluorescent tube replacements, automatically operated elevator service, maintenance and preventive maintenance service for the Premises heating and air conditioning equipment (but not the cost of electricity for the operation of said equipment), and cleaning and char service in accordance with services meeting or exceeding the specifications set forth on Exhibit F E attached heretohereto (Monday through Friday, excluding holidays). Except as otherwise The HVAC service provided in Exhibit F, by Landlord agrees to furnish to the Premises shall be separately metered and controlled by Tenant and such service within the Premises shall be available to Tenant 24 hours a day, seven (7) days a week at all times during no additional cost to Tenant. The HVAC specifications are set forth in Schedule 4 to the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: Work Agreement. Landlord agrees that (a) hot and cold the Building condenser water suitable for the normal office use of Tenant; system shall be available to Tenant 24 hours a day, seven (b7) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems days a week at no additional cost to Tenant in advance of Building Business Hours so that and (b) all main self contained air conditioning units serving the Premises is maintained shall be available to Tenant 24 hours a day, seven (7) days a week at comfortable temperatures during no additional cost to Tenant, except for the cost of electricity to operate such units. The hours of 7:00 a.m. to 6:00 p.m. on Mondays through Fridays (exclusive of federal holidays) and from 9:00 a.m. to 1:00 p.m. on Saturdays (exclusive of federal holidays) are the "Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring Hours." Tenant shall have access to the Premises electricity for lighting24 hours a day, convenience outlets seven (7) days a week (subject to the rules and other Permitted Uses of Tenant. Landlord agrees regulations established from time to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidaystime by Landlord). There will be a minimum of one (1) elevator in operation at all times (i.e., 24 hours per day, 7 days per week) outside the Building Hours. Tenant shall not permit anyone, except for Tenant's employees and authorized guests to enter the Building at times other than the normal hours of operation of the Building. Tenant will comply, and will cause its permitted sublessees and their respective employees to comply, with all governmental regulations and orders concerning separation and recycling of trash and rubbish. Tenant shall promptly pay when due for all electricity used for the Premises, which shall be measured by a meter (installed by Landlord at Landlord's sole cost and expense) that measures the electrical usage for the Premises. If the Premises are separately submetered, Tenant shall be responsible for snow removal in a manner consistent contracting directly with properties the local electricity supplier. If the Premises are not separately submetered, Landlord shall determine, based upon the ratio that the square footage of a similar caliber the Premises bears to t he total square footage covered by such meter, the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent amount that Tenant is not will be billed directly by a public utilityfor electrical usage each month and Tenant shall pay such charge within ten (10) days after demand therefor. In addition, Tenant will be billed by Landlord each month for Tenant's Operating Expense Percentage for the actual and direct charge of electricity for the Building and Tenant shall pay, pay such charge within thirty ten (3010) days after demand therefor. The parties agree to comply with all mandatory and voluntary energy conservation controls and requirements applicable to office buildings that are imposed or instituted by the federal or District of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeterColumbia governments, including, all electricity for lights without limitation, controls on the permitted range of temperature settings and plugsrequirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Except as otherwise set forth below in Section 13.1.1, the charge Any terms or conditions of this Lease that conflict with compliance with such controls or requirements shall be at suspended for the rates charged duration of such controls or requirements. It is further agreed that compliance with such controls or requirements shall not be considered an eviction, actual or constructive, of Tenant and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. It is understood and agreed that Landlord shall not be liable for failure to furnish or for delay or suspension in furnishing, any of the utilities or services required to be provided or performed by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, voluntary agreement between Landlord and any governmental body or agency or from any other cause whatsoever. It is further agreed that any such failure or inability to furnish the utilities or services by required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the local public utilityPremises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Landlord will include electricity costs shall use reasonable diligence to operate the HVAC system in Expensesrepair promptly any failure, interruption or suspension which is within Landlord's control. Notwithstanding the terms and provisions foregoing, if any interruption of this Article 13utilities or services, ifwhich is due to the negligence of Landlord, its agents or employees, shall continue for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord and shall fail to commence and diligently pursue to completion the restoration of render any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, Premises unusable for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so's business, and (ii) if Tenant does not in fact use or occupy such portion of the same during said periodPremises, then the obligation of Tenant all rent payable hereunder with respect to pay Annual Rent and additional rent hereunder shall be abated in proportion to the such portion of the Premises that Tenant is unable does not occupy shall be abated retroactively to use as a result the first (1st) business day of such failure interruption and such abatement shall continue until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing is fully restored to Tenant. Provided that it shall diligently pursue the restoration of any if such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity interruption continues for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less more than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricityconsecutive business days, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, terminate this Lease upon reasonable advance written 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord delivered within ten (10) days after such 30-day period. Thereupon, this Lease shall terminate and expire on the date set forth in such notice, which date shall not be earlier than the date of the interruption of services nor more than ninety (90) days after the date of such notice. Except in the case of an emergency, Landlord will give Tenant at least five (5) days prior notice if Landlord intends to interrupt any services required to be furnished by Landlord hereunder. Within twenty (20) days after Landlord’s demand's receipt of Tenant's written request that the Premises be cleaned only by United States citizens, Landlord shall cause the Premises to be cleaned only by United States citizens. Tenant shall be responsible for any additional costs and expenses associated with Tenant's request; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5any other tenant(s) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machinesBuilding also requires this service, equipment or devices the tenants requiring this service shall be solely responsible for any additional costs and expenses in proportion to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 space leased by such excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants tenant in the Building. Subject Landlord shall make reasonable efforts so as not to Landlord’s reasonable rules incur unnecessary cost and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled expense with respect to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedthis service.
Appears in 1 contract
Sources: Office Lease (Identix Inc)
Services and Utilities. 13.1 (a) Landlord shall provide and/or Sublessor agree, without charge except as provided herein, and in accordance with standards reasonably established from time to time prevailing for office buildings in the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit FMetropolitan Detroit Area, Landlord agrees to furnish water to the Building for use in lavatories and drinking fountains (and to the Premises at all times if the plans for the Premises so provide); during the Term hours from 8:00 a.m. to 6:00 p.m. on Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, (excluding holidays) to furnish such heated or cooled air to the Premises as may, in the judgment of Sublessor, be reasonably required for the comfortable use and occupancy of the Premises provided that Sublessee complies with the recommendations of Landlord’s engineer regarding occupancy and use of the Premises; to provide janitorial services for the Premises (including such interior and exterior window washing as may be determined by Landlord but no less frequently than two (2) times per year), such janitorial services to be provided after 6:00 p.m. five (5) days a manner consistent with a similar class week or Monday through Friday (excluding legal holidays); during ordinary business hours to cause electric current to be supplied for lighting the public portions of office building as the Building or Building Complex; and to furnish such snow removal services to the Building Complex as may, in the Bedfordjudgment of Sublessor, Massachusetts market area: (a) hot and cold water suitable be reasonably required for safe access to the normal office use of Tenant; Building Complex.
(b) heat Sublessee hereby agrees to pay all charges with respect to electrical services furnished to or used within the Premises. It is acknowledged and air conditioning required in Landlordagreed that there are appropriate meters at the Premises for measuring Sublessee’s judgment for consumption of electricity. Sublessee shall either (i) pay directly to the use and occupation provider of the Premises during Building Business Hours electric utility, or (it being understood thatii) if electricity is provided by Landlord pay all such charges for electricity within ten (10) days after the date of submission of a monthly statement to Sublessee by Sublessor. Charges for electricity shall be at the same rates, terms and conditions as rates, terms and conditions for comparable services from The Detroit Edison Company (or its successor in interest to providing such public utility to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market areaBuilding); .
(c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity If Sublessee requires water in excess of that usually furnished or supplied for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant use in the Premises as measured by general office space, Sublessee shall first procure the consent of Sublessor for the use thereof, and Sublessor will attempt to procure consent from Landlord for Sublessee’s proposed increased use. Sublessee agrees to pay to Sublessor such amounts as Sublessor reasonably determines are necessary to cover the costs of such increased use of water, including any cost incurred in connection with the installation of a submetermeter required to measure such use.
(d) Sublessee agrees that Sublessor shall not be liable for failure to supply any heating, includingair conditioning, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1elevator, the charge shall be at the rates charged for electrical, janitorial, lighting or other services during any period when Landlord uses reasonable diligence to supply such services, or during any period Landlord is required to reduce or curtail such services pursuant to any applicable laws, rules or regulations, now or hereafter in force or effect, it being understood that Landlord may discontinue, reduce or curtail such services, or any of them (either temporarily or permanently), at such times as it may be necessary by reason of accident, unavailability of employees, repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and regulations, or due to any other happening beyond the local public utilitycontrol of Landlord. Landlord will include electricity costs to operate In the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration event of any such utility interruption, reduction or other service is within discontinuance of Landlord’s reasonable control services (subject in all cases to delays caused by Force Majeureeither temporary or permanent), and Sublessor shall not be liable for damages to persons or property as a result of such failure (i) Tenant thereof, nor shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration occurrence of any such utility event in any way be construed as an eviction of Sublessee or other service (Landlord agreeing that it shall diligently pursue the restoration cause or permit an abatement, reduction or setoff of rent, or operate to release Sublessee from any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is LandlordSublessee’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent obligations hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30e) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
13.3 Wherever Whenever heat generating machines or equipment are used by Tenant Sublessee 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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approvalsystem, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises in the event Landlord’s independent consulting engineer determines same are reasonably necessary as a result of Tenant’s use of lights or equipment which generate heat loads in excess of those for which the HVAC system is designed and the cost thereoftherefor, including the cost of installation installation, operation and the cost of operations and maintenancemaintenance thereof, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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 upon demand 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
Appears in 1 contract
Services and Utilities. 13.1 Section 7.01 Landlord shall provide the Premises with following facilities and services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except to Tenant as part of Landlord’s Operating Costs (except as otherwise provided in Exhibit Fherein):
A. Electricity serving the Leased Premises for normal lighting purposes and the operation of ordinary office equipment, Landlord agrees subject to furnish to the Premises at all times during the Term Section 7.03, below;
B. Normal and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish usual cleaning and janitorial service char services after Building Business Hours each day except on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays)holidays recognized by the United States Government. Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber Attached hereto as Exhibit M are the cleaning specifications currently applicable to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annumBuilding, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount are subject to be increased change from time to time by notice from in Landlord’s sole (but good faith) discretion; provided, however, if Landlord to Tenant changes such cleaning specifications, such new cleaning specifications must be comparable to the extent cleaning specifications that are normally and customarily used for comparable first-class office buildings in the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇▇▇▇▇▇▇ thereforCounty, Maryland area;
C. Rest room facilities and necessary lavatory supplies, including hot and cold running water at the points of supply, toilet tissue and paper towels as provided for the general use of all tenants in the Building and routine maintenance, painting, and electric lighting service for all Common Areas of the Building in such manner as Landlord deems reasonable;
D. During Building Hours (i.e., a total of 54 hours a week during non-holiday weeks), central heating and air conditioning during the seasons of the year when these services are normally and usually furnished based upon standard electrical energy requirements of 5 ▇▇▇▇▇ per square foot and a human occupancy of not more than one person for each 150 square feet of rentable area of the Leased Premises. If After-hours HVAC (i.e., anytime other than Building Hours) shall be provide upon Tenant’s request at a cost equal to Landlord’s reasonable estimate of the Estimated Electricity Submeter Charge cost of utilities, maintenance and depreciation in connection with such service plus a 15% administrative fee. The Landlord will modify the HVAC controls so that (a) the individual package units can be run independently, such that any one (or more) of the package units may be turned on without the necessity of turning all of the units on and (b) the Tenant pays during such applicable billing period pursuant will have the ability to turn on the after hours HVAC with a switch in the Leased Premises. Regarding the two HVAC units exclusively serving the second (2nd) floor, since these HVAC units will be modified to run independently, the Landlord will provide HVAC services to the preceding paragraph is more than second (2nd) floor of the actual charges Leased Premises for up to 54 hours per week (less 10 hours per holiday day occurring during any such week) at times and days of the week selected by Tenant, which time/days may change from time to time (Tenant must give Landlord minimum 48 hours advance notice for any changes to the schedule). Any hours in excess of 54 hours for any week will be deemed after hours HVAC use, the charge for which shall be as measured set forth above. Regarding the third HVAC unit, which serves both the 2nd and 3rd floors, Tenant shall have use of the third HVAC unit during Building Hours and pay for any use of the unit after- hours;
E. Elevator service by Landlord’s submetering for such electricity, then means of automatically operated elevators at least during the Building Hours. Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review remove elevators from service as the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge from time to time to implement such service (provided, however, that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant same shall be responsible required for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in moving freight or for servicing or maintaining the benefit of elevators and/or the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demandBuilding; provided, however, that before Landlord shall have the right at least one elevator will remain in service 24 hours per day, 365 days per year, subject to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed compliance with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations concerning after Building Hours and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenantweekend access. Tenant shall not install any additional Communications Wiringhave access to the Leased Premises 24 hours per day, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.365 days per year;
Appears in 1 contract
Services and Utilities. 13.1 14.1 Landlord shall provide will furnish to the Premises with services meeting air-conditioning and heating during the seasons they are required in Landlord's reasonable judgment. Landlord will provide: janitorial service on Monday through Friday only (excluding legal public holidays celebrated by the federal government); electricity; water; elevator service; and exterior window-cleaning service. The normal hours of operation of the Building will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except such holidays) and 8:00 a.m. to 12:00 p.m. on Saturday (except such holidays) and such other hours, if any, as Landlord determines. If Tenant requires air-conditioning or exceeding heat beyond the specifications set forth on Exhibit F attached heretonormal hours of operation, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Notice shall be provided by Tenant to Landlord requesting such additional service not less than twenty-four (24) hours prior to commencement of this service and Tenant shall pay Landlord Seventy-Five Dollars ($75.00) per hour for each first hour and Thirty-Five Dollars ($35.00) for each additional hour of such extra service. The hourly rates are subject to change at Landlord's election to reflect Landlord's actual costs and expenses to provide such additional service. Except as otherwise provided in Exhibit F, Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessaryspecified herein, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees not be required to furnish cleaning services and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event utilities during hours other than the normal hours of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion operation of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to the preceding paragraph is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cashBuilding. Tenant shall have access to the right Premises twenty-four (24) hours a day every day of the Term. After hours access to review the Estimated Electricity Submeter Charge pursuant to Section 4.3Building will be controlled by means of an electronic passcard system.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that 14.2 Landlord may charge from time install checkmeters to time electrical circuits to implement verify that Tenant's electricity consumption is not excessive. If such service (provided, however, checkmeters indicate that such administrative charge shall not exceed fifteen percent (15%) of the charge for any such additional service). The current charge for after-hours HVAC service, which consumption is subject to change at any time, is specified on the Reference Pages. Notwithstanding the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 pursuant to the specifications set forth on Exhibit F attached hereto, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days)excessive, then Landlord shall have the right may install at Tenant's expense submeters to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will notascertain Tenant's actual electricity consumption, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 and thereafter Tenant shall require water pay f or electric current in excess of that required to be furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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) consumption at the rates then-current price per kilowatt hour charged for such services Landlord 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 consumedutility.
13.5 Tenant will not without the written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
Appears in 1 contract
Sources: Lease Agreement (Ipix Corp)
Services and Utilities. 13.1 Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13Agreement, ifthe Port Authority will furnish without additional charge to the Lessee the following:
(1) Heat, for more than three ventilation and air cooling (3"HVAC") consecutive during the hours of 8:00 o'clock A.M. to 8:00 o'clock P.M. on normal business days following written in the premises in accordance with the design criteria and capacities set forth in Schedule D attached to this Agreement and hereby made a part hereof subject to the provisions of paragraph (b) of Section 12 of this Agreement entitled "Construction by the Lessee'. In the event the Lessee requires heat, ventilation and air cooling at times other than as provided herein ("overtime HVAC") the same shall be made available to the premises, provided that a designated representative of the Lessee makes an oral request for such service by contacting the World Trade Center Tenant Support Office (currently 435-85 15) not later than 4:00 o'clock P.M. of the business day for which overtime HVAC is required (such advance notice requirement being subject to change by the Port Authority from Tenant time-to-time upon reasonable notice to Landlordthe Lessee). Thereafter on such business day, Landlord shall fail the Lessee may request overtime HVAC by oral request made by the Lessee's designated representative and directed to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other serviceWorld Trade Center Operations Control Center, and the restoration of any Port Authority shall endeavor in good faith to fulfill such utility request but shall have no liability to the Lessee whatsoever for its inability or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to . The Lessee shall pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricityovertime HVAC at the Port Authority's standard, Landlord published per fan hour rate for overtime HVAC charged to other tenants at the World Trade Center, as such rate may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant the Port Authority. Subject to the extent that foregoing, the market therefor increases based upon Landlord’s judgment Port Authority's standard, published per fan per hour rate for overtime HVAC on the date of this Agreement is $27.50.
(2) Access to the “Estimated Electricity Submeter Charge”premises 24 hours per day, 365 days per year throughout the term of this Agreement, subject to Lessee's compliance with the Rules and Regulations, and with such other reasonable rules and regulations which may be imposed by the Port Authority, including, without limitation, regulations establishing reasonable security checks; Credit Suisse 042799
(3) Six (6) passenger elevator cars servicing the premises from the lobby on business days during normal business hours and two (2) passenger elevator cars servicing the premises from the lobby at all other times.
(4) In the event the Lessee, in accordance with the provisions of Section 50 of this Agreement, elects to have the Port Authority provide cleaning services in the premises, then the Port Authority will provide cleaning services in any portion of the premises comprising an entire floor as described in Schedule B attached hereto and hereby made a part hereof, and cleaning services in any portion of the premises not comprising an entire floor as described in Schedule B-1 attached hereto and hereby made a part hereof The Port Authority will under no circumstances supply cleaning services in the premises prior to August 1, 2000.
(5) Without additional charge, non-exclusive access to the freight elevator cars in the freight elevator bank serving the loading dock in the basement of Five World Trade Center on business days during the hours of 6:00 o'clock A.M. to 8:00 o'clock P.M. on call, on a "first come, first served" basis in common with all other tenants and occupants of the World Trade Center.
(6) The Port Authority shall furnish non-exclusive toilet and washroom facilities on any floor in which any Area not comprising an entire floor is located.
(7) The Port Authority shall provide the use of the loading docks in the World Trade Center on a "first come, first served" basis.
(i) The Port Authority shall furnish cold water, of the character furnished by the municipality or utility company supplying the same in the vicinity, and hot water, at a temperature of approximately 120K, both in reasonable quantities, for use by the Lessee through such fixtures and outlets as may be installed by the Lessee in any kitchens (but not including pantries which do not have a stove or conventional ovens), with 1/12 of such amount being due and payable cafeteria or private bathrooms installed in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2 Simultaneously with Landlord’s determination of actual Expenses and Taxes, Landlord shall review the total Estimated Electricity Submeter Charge paid premises by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays Lessee pursuant to the preceding paragraph is less than terms of this Agreement. The Port Authority shall measure the actual charges as measured quantities of such cold and hot water supplied to the Lessee by Landlord’s submetering meters to be installed by the Port Authority in any kitchens or cafeteria installed in the premises and in any private bathrooms in the premises, and the Lessee shall pay to the Port Authority for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord cold water and hot water as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If billed by the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to the preceding paragraph is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. Tenant shall have the right to review the Estimated Electricity Submeter Charge pursuant to Section 4.3.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours, Landlord shall, 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 therefor plus (a) a reasonable allowance for depreciation of any systems being used to provide such service, and (b) the cost of any administrative fee that Landlord may charge Port Authority from time to time at the following rates: (i) cold water at the rate of Forty-three Dollars and Fifty-four Cents ($43.54) per thousand cubic feet, and (ii) hot water at the rate of Seventy-four Dollars and Forty-five Cents ($74.45) per thousand cubic feet; the charges to implement such service be subject to increase from time to time by reason of increase in rates charged the Port Authority as provided in paragraph (provided, however, that such administrative charge shall not exceed fifteen percent (15%g) of this Section 42, and with respect to the charge for any metered hot water to also be subject to increase from time to time as follows: "Wage rate" as used in this paragraph shall mean the hourly straight time wage rate for Engineers as that wage rate is established from time to time by collective bargaining agreement between the Realty Advisory Board on Labor Relations, Incorporated, acting on behalf of various building owners, and Local 94 of the International Union of Operating Engineers, AFL-CIO, and "basic wage rate" shall mean the wage rate in effect on January 1, 1998. From and after the effective date of each wage rate established during the term of the letting under this Agreement, the Lessee shall pay charges for metered hot water in addition to the charge set forth above, such additional service). The current charge for after-hours HVAC service, which is subject to change at any time, is specified on be an amount computed by multiplying the Reference Pages. Notwithstanding said charge (as the foregoing to the contrary, however, Tenant shall be responsible for furnishing its own security within the Premises at Tenant’s sole cost and expense.
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 same may have been theretofore increased pursuant to the specifications set forth provisions of paragraph (h) of this Section 42) by the percentage increase in the wage rate so established over the basic wage rate. If either the Realty Advisory Board on Exhibit F attached heretoLabor Relations, in either event whether with Incorporated, or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit Local 94 of the Premises and the cost thereofInternational Union of Operating Engineers, including the cost of installation and the cost of operations and maintenance, AFL-CIO shall be paid by Tenant cease to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord exist or a collective bargaining agreement shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove.
13.4 Tenant will not, without the written consent of Landlord (which shall not be unreasonably withheld or delayed), use any apparatus or device in the Premises that will cause Tenant’s aggregate usage of machines, equipment or devices to exceed the specifications set forth on Exhibit F attached hereto, or which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as set forth on Exhibit F attached hereto, 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 required cease to be furnished or supplied for use of negotiated between the Premises as set forth Realty Advisory Board on Exhibit F attached heretoLabor Relations, Tenant shall procure the prior written consent of Landlord for the use thereof (which shall not be unreasonably withheld or delayed), 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 excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) 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, which shall not be unreasonably withheld, conditioned or delayed, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses of Tenant. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.Credit Suisse 042799
Appears in 1 contract
Sources: Lease Agreement (Credit Suisse First Boston Usa Inc)