Common use of Services by Landlord Clause in Contracts

Services by Landlord. (a) So long, as Tenant continues to occupy the Premises and does not commit an event of default under this Lease, Landlord will furnish for the occupied portion of the Premises, at Landlord's expense, the following services during the Term: (1) heating and air at such temperatures and in such amounts as Landlord shall consider to be standard; (11) water for lavatory and toilet purposes at points of supply provided for the general use of tenants of the Building; (iii) Janitor and maid service on weekdays other than holidays and such window washing and wall cleaning as may in the judgment of Landlord be reasonably required (provided, however, if Tenant's leasehold improvements are of a different quality than is standard in the Building and, therefore, the cost of janitor and maid service for the Premises exceed the costs of Janitor and maid service for other premises in the Building with standard leasehold improvements, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service to and from any floor(s) above the first floor on which the Premises are located during normal business hours (provided, however, that Landlord may limit the use of Building elevators for freight service to times other than normal business hours and to such times as Are scheduled through the manager of the Building)- and (v) electric lighting and routine maintenance for the Common Areas in the manner and to the extent Landlord deems reasonable and standard. Landlord will wash windows a minimum of once per year. (b) So long as Tenant continues to occupy the Premises and does not commit an event of default under this Lease, Landlord will furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item of equipment that requires electricity in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, at Tenant's expense, will make a reasonable effort to meet Tenant's needs through the then existing feeders servicing the Building. Landlord, not Tenant, will install any supplemental risers or wiring to meet Tenant's excess electrical requirements. However, such installation shall be at the expense of Tenant and if, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then Landlord will not be required to install the supplemental risers or wiring. Landlord will not be responsible or liable to Tenant for any failure or defect in the supply or character of electricity furnished to the premises or the Building because of any requirement, act or omission of the electric utility company serving the Building. All installations of electrical fixtures, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) and (b) and any repairs and maintenance required of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n furnishing such services or because of changes of the suppliers of services or because of labor controversies, Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything to the contrary in this Lease, any curtailment or interruption of Building Services covered by the preceding sentence will not be construed as an eviction (actual or constructive) of Tenant, nor cause any abatement of the rent payable under this Lease, nor relieve Tenant from any of its obligations under this Lease, and Landlord shall not be liable (EVEN IFNEGLIGEN7) for injury to persons or property, or in default under this Lease, as a result of such curtailment or interruption. However, Landlord agrees to attempt in good faith to resume any curtailed or interrupted Building Services after receipt of notice from Tenant advising Landlord of the affected services.

Appears in 1 contract

Samples: Office Building Lease (Mediware Information Systems Inc)

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Services by Landlord. At all times during the Lease Term, and conditioned upon the Lease being in full force and effect and there being no uncured default under this Lease by Tenant, Landlord shall furnish the following services to the Premises, all of such services to be at Landlord's cost and expense except as specifically provided to the contrary elsewhere in this Lease: (a) So long, as Tenant continues to occupy Cold and warm water at those points of supply provided for general use of tenants in the Premises Building. (b) Heated and does not commit an event of default under this Lease, Landlord will furnish for the occupied portion of the Premises, at Landlord's expense, the following services refrigerated air conditioning in season during the Term: (1) heating Normal Business Hours and air at such temperatures and in such amounts as are reasonably considered by Landlord shall consider to be standard; (11) water for lavatory standard and toilet purposes at points of supply provided for as is consistent in quality and quantity as furnished in other comparable quality office buildings in the general use of tenants vicinity of the Building; (iii) Janitor . Such services at all other times and maid service on weekdays other than Sundays and holidays shall be furnished only at the request of Tenant, who shall bear the entire cost thereof. Whenever machines or equipment that generate abnormal heat and such window washing and wall cleaning as may affect the temperature otherwise maintained by the air conditioning system are used in the judgment of Premises, Landlord be reasonably required (provided, however, if Tenant's leasehold improvements are of a different quality than is standard shall have the right to install supplemental air conditioning units in the Building andPremises; and the cost thereof, therefore, including the cost of janitor installation, operation, use and maid maintenance, shall be paid by Tenant to Landlord promptly on demand. (c) Elevator service in common with other tenants for ingress and egress from the Premises exceed the costs of Janitor and maid service for other premises in the Building with standard leasehold improvementsPremises, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service to and from any floor(s) above the first floor on which the Premises are located during normal business hours (provided, however, provided that Landlord may reasonably limit the use number of Building elevators for freight service to be in operation at times other than Normal Business Hours. (d) Janitorial cleaning services as may, in the reasonable judgment of Landlord, be required in the normal business hours and to such times as Are scheduled through the manager operation of the Building)- and Building (vbut no less frequently than five times per week). (e) electric lighting and routine maintenance for the Common Areas Electric current in the manner and to the extent reasonably deemed by Landlord deems reasonable and standard. Landlord will wash windows a minimum of once per yearto be standard for office use. (bf) So long as Tenant continues to occupy the Premises and does not commit an event of default under this Lease, Landlord will furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item of equipment that requires electricity in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, at Tenant's Landlord’s expense, will make a reasonable effort shall provide Tenant with building monument signage. The failure to meet Tenant's needs through the then existing feeders servicing the Building. Landlord, not Tenant, will install any supplemental risers or wiring extent to meet Tenant's excess electrical requirements. However, such installation shall be at the expense of Tenant and if, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then Landlord will not be required to install the supplemental risers or wiring. Landlord will not be responsible or liable to Tenant for any failure or defect in the supply or character of electricity furnished to the premises or the Building because of any requirement, act or omission of the electric utility company serving the Building. All installations of electrical fixtures, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) and (b) and any repairs and maintenance required of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n furnishing such services or because of changes of the suppliers of services or because of labor controversies, Accidents, acts of God or the elements furnish or any other stoppage of these defined utilities and services resulting from any cause beyond the reasonable control of Landlord. Notwithstanding anything whatsoever shall not render Landlord liable in any respect for damages to the contrary in this Leaseeither person, any curtailment property or interruption of Building Services covered by the preceding sentence will not business, nor be construed as an eviction (actual or constructive) of Tenant, nor cause entitle Tenant to any abatement of the rent payable under this Leaserent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of its obligations under this Leasethe Building improvements or facilities occur for any reason, and Landlord shall not be liable (EVEN IFNEGLIGEN7) use reasonable diligence to repair same promptly. Tenant shall have no claim for injury to persons rebate or property, abatement of rent or in default under this Lease, as a result damages on account of such curtailment malfunction or interruption. Howeverof any interruptions in service occasioned thereby or resulting therefrom; provided, Landlord agrees to attempt in good faith to resume however, that if any curtailed interruption or interrupted Building Services cessation of service continues for seven (7) consecutive business days after receipt of written notice from Tenant advising to Landlord (and to any mortgagee of Landlord of whom Tenant has received written notice, designating a specific address for notice to such mortgagee), identifying the affected servicesproblem with reasonable specificity and being labeled "URGENT/IMMEDIATE ACTION REQUIRED" in all capital letters, and if such interruption or cessation after the 10-business-day cure period causes the Premises to be untenantable in the reasonable judgment of Tenant, then notwithstanding any provision of this Lease to the contrary, Tenant's Base Rent and Tenant's share of Operating Expenses under this Lease will xxxxx as of the eleventh (11th) business day and continue abated until the service is resumed.

Appears in 1 contract

Samples: Lease Agreement (Hallmark Financial Services Inc)

Services by Landlord. (a) So long, as Provided that Tenant continues to occupy the Premises and does is not commit an event of default under this Leasethen in default, Landlord will furnish shall cause to be furnished to the Building, or as applicable, the Premises, in common with other tenants, during business hours of 7:00 A.M. to 6:00 P.M. Monday through Friday and 8:00 A.M. to 12:00 P.M. on Saturday (excluding National and State holidays), the following services; janitorial services (five (5) days a week after normal working hours), water (if available from city mains) for drinking, lavatory and toilet purposes, operatorless elevator service and heating and air conditioning for the occupied portion reasonably comfortable use and occupancy of the Premises, at Landlord's expense, the following services during the Term: (1) provided heating and air at such temperatures and in such amounts as cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service. Landlord shall consider to be standard; (11) water for lavatory and toilet purposes at points of supply provided furnish the Premises with electricity for the general use maintenance of tenants building standard fluorescent lighting composed of the Building; (iii) Janitor and maid service on weekdays 2' X 4' fixtures. Incandescent fixtures, table lamps, all lighting other than holidays the aforesaid building standard fluorescent light, dimmers and such window washing and wall cleaning as may in the judgment of Landlord be reasonably required (provided, however, if Tenant's leasehold improvements are of a different quality all lighting controls other than is standard in the Building and, therefore, the cost of janitor and maid service controls for the Premises exceed the costs of Janitor aforesaid building standard fluorescent lighting shall be serviced, replaced and maid service for other premises in the Building with standard leasehold improvements, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service to and from any floor(s) above the first floor on which the Premises are located during normal business hours (provided, however, that Landlord may limit the use of Building elevators for freight service to times other than normal business hours and to such times as Are scheduled through the manager of the Building)- and (v) electric lighting and routine maintenance for the Common Areas in the manner and to the extent Landlord deems reasonable and standard. Landlord will wash windows a minimum of once per year. (b) So long as Tenant continues to occupy the Premises and does not commit an event of default under this Lease, Landlord will furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item of equipment that requires electricity in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, maintained at Tenant's expense. Landlord shall also furnish the Premises with electricity for lighting for the aforesaid building standard fluorescent lighting and for the operation of general office machines, will make such as electric typewriters, desk top computers, word processing equipment, dictating equipment, adding machines and calculators, and general service non-production type office copy machines. Landlord shall have the right to enter and inspect the Premises and all electrical devices therein from time to time, provided that Landlord shall have no obligation to provide more than five (5) xxxxx per usable square foot of electricity serving the Premises. Landlord must give Tenant reasonable notice before making such inspection, and Landlord shall conduct such inspection in a manner and at a time which shall not create a disruption to Tenant's business. Landlord reserves the right to separately meter the Premises should Tenants use of electricity be deemed excessive. After hours heating and air conditioning is available at a charge of $30.00 per hour, per zone, with a minimum of one (1) hour per occurrence. All additional costs resulting from Tenant's extraordinary usage of heating, air conditioning or electricity shall be paid by Tenant upon demand as Additional Rent for each month or portion thereof, and Tenant shall not install equipment with unusual demands for any of the foregoing without Landlord's prior written consent, which Landlord may withhold if it determines that in its opinion such equipment may not be safely used in the Premises or that electrical service is not adequate therefor. If heat generating machines or equipment or other intensive activities shall be used or carried on in the Premises by Tenant which affect the temperature otherwise maintained by the heating and air conditioning system, Landlord shall have the right to install supplemental air conditioning units in the Premises and the cost thereof, including the cost of engineering and installation, and the cost of operation and maintenance thereof, shall be paid by Tenant upon demand by Landlord. Landlord shall further provide a reasonable effort to meet Tenant's needs through the then existing feeders servicing the Building. Landlord, not Tenant, will install any supplemental risers or wiring to meet Tenant's excess electrical requirements. However, such installation shall be at the expense pro rata amount of Tenant and ifunreserved free parking, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to common with the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then for Tenant's employees and visitors. There shall be no abatement or reduction of Rent by reason of any of the foregoing services not being continuously provided to Tenant. Tenant shall report to Landlord will immediately any defective condition in or about the Premises reasonably known to Tenant and if such defect is not so reported and such failure to promptly report results in other damage, Tenant shall be liable for same. Landlord shall not be required to install the supplemental risers or wiring. Landlord will not be responsible or liable to Tenant for any failure or defect in the supply or character of electricity furnished damage caused to Tenant and its property due to the premises Building or any part or appurtenance thereof being improperly constructed or being or becoming out of repair, or arising from the Building because leaking of any requirementgas, act water, sewer or omission of steam pipes, or from problems with electrical service unless such damage arises from the electric utility company serving the Building. All installations of electrical fixtureswillful acts, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) and (b) and any repairs and maintenance required omissions, or gross negligence of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n furnishing such services or because of changes of the suppliers of services or because of labor controversies, Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything to the contrary in this Lease, any curtailment or interruption of Building Services covered by the preceding sentence will not be construed as an eviction (actual or constructive) of Tenant, nor cause any abatement of the rent payable under this Lease, nor relieve Tenant from any of its obligations under this Lease, and Landlord shall not be liable (EVEN IFNEGLIGEN7) for injury to persons or property, or in default under this Lease, as a result of such curtailment or interruption. However, Landlord agrees to attempt in good faith to resume any curtailed or interrupted Building Services after receipt of notice from Tenant advising Landlord of the affected servicescontractors.

Appears in 1 contract

Samples: Office Lease (Medicalogic/Medscape Inc)

Services by Landlord. At all times during the Lease Term, and conditioned upon the Lease being in full force and effect and there being no uncured default under this Lease by Tenant, Landlord shall furnish the following services to the Premises at a level substantially similar to the level of service and maintenance that is typical in other similar class office buildings located in the submarket in the city in which the Building is located, all of such services to be at Landlord’s cost and expense except as specifically provided to the contrary elsewhere in this Lease: (a) So long, as Tenant continues to occupy Cold and warm water at those points of supply provided for general use of tenants in the Premises Building. (b) Heated and does not commit an event of default under this Lease, Landlord will furnish for the occupied portion of the Premises, at Landlord's expense, the following services refrigerated air conditioning (“HVAC”) in season during the Term: (1) heating Normal Business Hours and air at such temperatures and in such amounts as are reasonably considered by Landlord shall consider to be standard; (11) water for lavatory standard and toilet purposes at points of supply provided for as is consistent in quality and quantity as furnished in other comparable quality office buildings in the general use of tenants vicinity of the Building; (iii) Janitor . Such services at all other times and maid service on weekdays other than Sundays and holidays shall be only at the request of Tenant, who shall bear the entire cost thereof. The current after-normal business hours charges for HVAC are estimated to be $8.26 per hour per floor of the Building, although such charges vary from time to time. Any change in after-normal business hours charges for HVAC shall equal the change in Landlord’s actual electricity, water, sewer, water treatment, labor, metering, filtering and such window washing maintenance costs therefor, including a reasonable amortization of equipment costs for equipment installed after the completion of the initial improvements to the Premises. Whenever machines or equipment that generate abnormal heat and wall cleaning as may affect the temperature otherwise maintained by the air conditioning system are used in the judgment of Premises, Landlord be reasonably required (provided, however, if Tenant's leasehold improvements are of a different quality than is standard shall have the right to install supplemental air conditioning units in the Building andPremises; and the cost thereof, therefore, including the cost of janitor installation, operation, use and maid maintenance, shall be paid by Tenant to Landlord promptly on demand. (c) Elevator service in common with other tenants for ingress and egress from the Premises exceed the costs of Janitor and maid service for other premises in the Building with standard leasehold improvementsPremises, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service to and from any floor(s) above the first floor on which the Premises are located during normal business hours (provided, however, provided that Landlord may reasonably limit the use number of Building elevators for freight service to be in operation at times other than Normal Business Hours; provided, at least one elevator shall remain in operation at times other than Normal Business Hours. (d) Janitorial cleaning services as may, in the reasonable judgment of Landlord, be required in the normal business hours and to such times as Are scheduled through the manager operation of the Building)- Building (but no less frequently than five times per week). Additionally, Landlord agrees to provide a xxxxxx for half days to assist in janitorial duties during Normal Business Hours. Notwithstanding the foregoing, Tenant may designate portions of the Premises as restricted, and Landlord shall not provide such janitorial services to the restricted portions of the Premises. (ve) electric lighting and routine maintenance for the Common Areas Electric current in the manner and to the extent reasonably deemed by Landlord deems reasonable and standard. Landlord will wash windows a minimum of once per yearto be standard for office use. (bf) So long as Tenant continues After-hours card key access. The failure to occupy the Premises and does not commit an event of default under this Lease, Landlord will any extent to furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item stoppage of equipment that requires electricity these defined utilities and services resulting from any cause whatsoever shall not render Landlord liable in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentenceany respect for damages to either person, Landlordproperty or business, at Tenant's expense, will make a reasonable effort to meet Tenant's needs through the then existing feeders servicing the Building. Landlord, not Tenant, will install any supplemental risers or wiring to meet Tenant's excess electrical requirements. However, such installation shall be at the expense of Tenant and if, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then Landlord will not be required to install the supplemental risers or wiring. Landlord will not be responsible or liable to Tenant for any failure or defect in the supply or character of electricity furnished to the premises or the Building because of any requirement, act or omission of the electric utility company serving the Building. All installations of electrical fixtures, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) and (b) and any repairs and maintenance required of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n furnishing such services or because of changes of the suppliers of services or because of labor controversies, Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything to the contrary in this Lease, any curtailment or interruption of Building Services covered by the preceding sentence will not nor be construed as an eviction (actual or constructive) of Tenant, nor cause entitle Tenant to any abatement of the rent payable under this Leaserent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of its obligations the Building improvements or facilities occur for any reason, Landlord shall use reasonable diligence to repair same promptly. Tenant shall have no claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom; provided, however, if any interruption or cessation of service continues for five (5) consecutive business days after written notice from Tenant to Landlord (and to any mortgagee of Landlord of whom Tenant has received written notice, designating a specific address for notice to such mortgagee), identifying the problem with reasonable specificity and being labeled “URGENT/IMMEDIATE ACTION REQUIRED” in all capital letters, and if such interruption or cessation after the 5-business-day cure period causes the Premises to be untenantable in the reasonable judgment of Tenant, then notwithstanding any provision of this Lease to the contrary, Tenant’s Base Rental and Tenant’s share of Operating Expenses under this Lease, Lease will xxxxx as of the sixth (6th) business day and continue abated until the service is resumed. If an interruption in electricity or water to the Premises occurs because Landlord shall has failed to pay electric bills or water bills and if Tenant is not be liable (EVEN IFNEGLIGEN7) for injury to persons or property, or otherwise in default under this Lease, as a result Tenant has the right to pay such unpaid electric bills or water bills in order to restore electricity to the Premises, and the amount of any such curtailment or interruption. However, Landlord agrees payment shall be credited to attempt in good faith to resume any curtailed or interrupted Building Services after receipt Tenant’s next ensuing installments of notice from Tenant advising Landlord of the affected servicesBase Rental.

Appears in 1 contract

Samples: Lease Agreement (Monitronics International Inc)

Services by Landlord. (a) So long, long as Tenant continues to occupy the Premises and does has not commit committed an uncured event of default under this Lease, . Landlord will agrees to furnish for the occupied portion of the Premises, . at Landlord's expense, the following services during the Term: ; (1i) heating and air conditioning in season during normal business hours (as specified in the Rules and Regulations) at such temperatures and in such amounts as Landlord shall consider to be he standard; : (11ii) water for lavatory and toilet purposes at points of supply provided for the general use of tenants of the Building; (iii) Janitor janitor and maid service on weekdays other than holidays and such window washing and wall cleaning as may in the judgment of Landlord be reasonably required (provided, however, . if Tenant's leasehold improvements are of a different quality than is standard in the Building and, therefore, the cost of janitor and maid service for the Premises exceed the costs cost of Janitor janitor and maid service for other premises in the Building with standard leasehold improvements, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefortherefore): (iv) elevator service to and an from any the floor(s) above the first floor on which the Premises are located during normal business hours (provided, . however, that Landlord may limit the use of Building elevators for freight service to times other than normal business hours and to such times as Are are scheduled through the manager of the Building)- Building); and (v) electric lighting and routine maintenance for the Common Areas in the manner and to the extent Landlord deems reasonable and standard. Landlord will wash windows a minimum of once The current charge for HVAC after normal business hours is $35 per yearhour. (b) So long as Tenant continues to occupy the Premises and does has not commit committed an event of default under this Lease, . Landlord will furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines (including personal computers and peripheral equipment, a water cooler, and, a microwave that draws no more than 500 xxxxx) of similar low electrical consumption, but not for computer and/or electronic data processing equipment with higher electrical capacity requirementsequipment, but not for special lighting in excess of lighting that is standard in the Building, or any other item of electrical equipment that which, singly, consumes more than .25 kilowatts per hour at rated capacity or requires electricity in excess a nominal voltage of the amount Tenant currently usesmore than 120 volts single phase. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, at Tenant's expense, of that which will make a reasonable effort to meet Tenant's needs through the then existing feeders servicing the Building. But Landlord reserves the right to require Tenant to procure electricity, for such excess requirements at Tenant's expense by arrangement with local utility companies approved by Landlord. Landlord, not Tenant, will install any supplemental risers or wiring to meet Tenant's excess electrical requirements. However, such installation shall be at the expense of Tenant and if, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then Landlord will not be required to install the supplemental risers or wiring. Landlord will not be responsible or liable to Tenant for any failure or defect in the supply or character of electricity furnished to the premises Premises or the Building because of any requirement, act or omission of the electric utility utility' company serving the Building. All installations of electrical fixtures, appliances and equipment in the Premises are subject to Landlord's prior written approval. Landlord agrees to provide carpet cleaning/shampoo of Leased Premises one time annually at Landlord's expense. (c) The services described in subparagraphs (a) and (bh) and any repairs and maintenance required of Landlord by Paragraph 6 below above ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n in furnishing such services or because of changes of the suppliers of services or because of labor controversies, . Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything to the contrary in this Lease, any curtailment or interruption of Building Services covered by the preceding sentence will not be construed as an eviction (actual or constructive) of Tenant, nor cause any abatement of the rent payable under this Lease, nor relieve Tenant from any of its obligations under this Lease, and Landlord shall will not be liable (EVEN IFNEGLIGEN7) for injury to persons or property, . or be in default under this Lease, as a result of such curtailment or interruption. However, Landlord agrees to attempt in good faith to resume any curtailed or interrupted Building Services after receipt of notice from Tenant advising Landlord of the affected services. (d) Landlord and 'landlord's Mortgagee" (as defined in Paragraph 26 below) will have 90 days to cure any failure to provide Building Service that amounts to a constructive eviction of Tenant under applicable law (a "Serious Interruption") after receiving notice of the Serious Interruption and of Tenant's intention to terminate this Lease because of the Serious Interruption if it is not cured. If a Serious Interruption occurs and is not cured within the 90 days allowed, the Tenant shall, as its sole remedy, have the right to terminate the Lease. Any failure or defect in Landlord's herein above described services shall not be construed as an eviction of tenant nor entitle Tenant to any reductions. abatement. offset. or refund of Rent or to any damages from Landlord. Landlord shall not be in breach or default under this Lease, provided Landlord uses reasonable diligence to restore any such failure or defect after Landlord receives written notice thereof. Notwithstanding anything in Article 111 of the Lease Agreement to the contrary, if there is an interruption or shortage in any essential service to substantially all the Leased Premises (the essential services being defined as air conditioning services and heating services, electrical services or elevator service) and (i) such interruption is not the result of the negligence or willful misconduct of Tenant, its agents or employees. (ii) restoration of such essential services is within the reasonable control of Landlord. and (iii) such interruption continues for a period of five (5) consecutive business days. Tenant shall be entitled to an abatement of rent (commensurate with that portion of the Leased Premises to which Landlord's services have been interrupted calculated on a per square foot basis) tior the period commencing with the expiration of such fifth (5`h) business day until such services are restored, but only to the extent that such interruption interferes with the normal use of the Leased Premises by the Tenant in the ordinary course of the business and Tenant does not actually use such portion of the Leased Premises in the ordinary course of business. If an interruption or shortage of essential services of the nature described in (i) and (ii) above continues for a period of ninety (90) consecutive days after Landlord receives notice from Tenant of such interruption or shortage, then Tenant shall have the right to terminate this Lease upon written notice thereof to Landlord. (e) Under no circumstances will Landlord be liable for any indirect or consequential damages caused by the curtailment or interruption of Building Services except for Landlord's negligence causing any such curtailing or interruption.

Appears in 1 contract

Samples: Lease Agreement (South Sea Energy Corp.)

Services by Landlord. (a) So long, as Provided that Tenant continues to occupy the Premises and does is not commit an event of default under this Leasethen in default, Landlord will furnish shall cause to be furnished to the Building, or as applicable, the Premises, in common with other tenants, during business hours of 7:00 A.M. to 6:00 P.M. Monday through Friday and 8:00 A.M. to 12:00 P.M. on Saturday (excluding National and State holidays), the following services; janitorial services (five (5) days a week after normal working hours), water (if available from city mains) for drinking, lavatory and toilet purposes, operatorless elevator service and heating and air conditioning for the occupied portion reasonably comfortable use and occupancy of the Premises, at Landlord's expense, the following services during the Term: (1) provided heating and air at such temperatures and in such amounts as cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service. Landlord shall consider to be standard; (11) water for lavatory and toilet purposes at points of supply provided furnish the Premises with electricity for the general use maintenance of tenants building standard fluorescent lighting composed of the Building; (iii) Janitor and maid service on weekdays 2' x 4' fixtures. Incandescent fixtures, table lamps, all lighting other than holidays the aforesaid building standard fluorescent light, dimmers and such window washing and wall cleaning as may in the judgment of Landlord be reasonably required (provided, however, if Tenant's leasehold improvements are of a different quality all lighting controls other than is standard in the Building and, therefore, the cost of janitor and maid service controls for the Premises exceed the costs of Janitor aforesaid building standard fluorescent lighting shall be serviced, replaced and maid service for other premises in the Building with standard leasehold improvements, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service to and from any floor(s) above the first floor on which the Premises are located during normal business hours (provided, however, that Landlord may limit the use of Building elevators for freight service to times other than normal business hours and to such times as Are scheduled through the manager of the Building)- and (v) electric lighting and routine maintenance for the Common Areas in the manner and to the extent Landlord deems reasonable and standard. Landlord will wash windows a minimum of once per year. (b) So long as Tenant continues to occupy the Premises and does not commit an event of default under this Lease, Landlord will furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item of equipment that requires electricity in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, maintained at Tenant's expense. Landlord shall also furnish the Premises with electricity for lighting for the aforesaid building standard fluorescent lighting and for the operation of general office machines, will make such as electric typewriters, desk top computers, word processing equipment, dictating equipment, adding machines and calculators, and general service non-production type office copy machines. Landlord shall have the right to enter and inspect the Premises and all electrical devices therein from time to time, provided that Landlord shall have no obligation to provide more than five (5) xxxxx per usable square foot of electricity serving the Premises. Landlord must give Tenant reasonable notice before making such inspection, and Landlord shall conduct such inspection in a manner and at a time which shall not create a disruption to Tenant's business. Landlord reserves the right to separately meter the Premises should Tenants use of electricity be deemed excessive. After hours heating and air conditioning is available at a charge of $30.00 per hour, per zone, with a minimum of one (1) hour per occurrence. All additional costs resulting from Tenant's extraordinary usage of heating, air conditioning or electricity shall be paid by Tenant upon demand as Additional Rent for each month or portion thereof, and Tenant shall not install equipment with unusual demands for any of the foregoing without Landlord's prior written consent, which Landlord may withhold if it determines that in its opinion such equipment may not be safely used in the Premises or that electrical service is not adequate therefor. If heat generating machines or equipment or other intensive activities shall be used or carried on in the Premises by Tenant which affect the temperature otherwise maintained by the heating and air conditioning system, Landlord shall have the right to install supplemental air conditioning units in the Premises and the cost thereof, including the cost of engineering and installation, and the cost of operation and maintenance thereof, shall be paid by Tenant upon demand by Landlord. Landlord shall further provide a reasonable effort to meet Tenant's needs through the then existing feeders servicing the Building. Landlord, not Tenant, will install any supplemental risers or wiring to meet Tenant's excess electrical requirements. However, such installation shall be at the expense pro rata amount of Tenant and ifunreserved free parking, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to common with the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then for Tenant's employees and visitors. There shall be no abatement or reduction of Rent by reason of any of the foregoing services not being continuously provided to Tenant. Tenant shall report to Landlord will immediately any defective condition in or about the Premises reasonably known to Tenant and if such defect is not so reported and such failure to promptly report results in other damage, Tenant shall be liable for same. Landlord shall not be required to install the supplemental risers or wiring. Landlord will not be responsible or liable to Tenant for any failure or defect in the supply or character of electricity furnished damage caused to Tenant and its property due to the premises Building or any part or appurtenance thereof being improperly constructed or being or becoming out of repair, or arising from the Building because leaking of any requirementgas, act water, sewer or omission of steam pipes, or from problems with electrical service unless such damage arises from the electric utility company serving the Building. All installations of electrical fixtureswillful acts, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) and (b) and any repairs and maintenance required omissions, or gross negligence of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n furnishing such services or because of changes of the suppliers of services or because of labor controversies, Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything to the contrary in this Lease, any curtailment or interruption of Building Services covered by the preceding sentence will not be construed as an eviction (actual or constructive) of Tenant, nor cause any abatement of the rent payable under this Lease, nor relieve Tenant from any of its obligations under this Lease, and Landlord shall not be liable (EVEN IFNEGLIGEN7) for injury to persons or property, or in default under this Lease, as a result of such curtailment or interruption. However, Landlord agrees to attempt in good faith to resume any curtailed or interrupted Building Services after receipt of notice from Tenant advising Landlord of the affected servicescontractors.

Appears in 1 contract

Samples: Office Lease (Spheris Leasing LLC)

Services by Landlord. (a) So long, as Tenant continues Landlord will provide those services to occupy the Premises and does not commit an event of default under the Building that are customary to similar office buildings in the greater Seattle area, including without limitation electricity for lighting and low-power usage office machines; water and sewer; and mechanical, cooling, heating and ventilation at such times as Landlord normally furnishes this Lease, Landlord will furnish for the occupied portion service to other tenants of the PremisesBuilding, at Landlord's expensebut in no event less than "Normal Business Hours" (as defined as below), the following services during the Term: (1) heating and air at such temperatures and in such amounts as are reasonably standard for office buildings in the greater Seattle area. Building access, electricity as described above, water, sewer, and parking if and as described in Exhibit D shall be available at all times. The cooling, heating and ventilation system shall be available during Normal Business Hours. "Normal Business Hours" shall be from 5:00a.m. to 6:00p.m. on weekdays, and 8:00a.m. to 1:00p.m. on Saturdays, excluding legal holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and days associated therewith). Landlord also shall provide daily (i.e., five days per week) janitorial service, lamp replacement for Landlord-furnished lighting, toilet room supplies and perimeter window washing, all with reasonable frequency customary to office buildings in the greater Seattle area. Landlord shall consider to be standard; (11) water for lavatory provide cooling, heating and toilet purposes ventilation at points of supply provided for the general use of tenants of the Building; (iii) Janitor and maid service on weekdays times other than holidays Normal Business Hours upon Tenant's request and such window washing with reasonable notice to Landlord, and wall cleaning Tenant shall pay the reasonable cost thereof. Landlord shall provide keys or other appropriate access devices that will allow Tenant access to the Premises at all times. Unless charged to individual tenants (including Tenant) as may in the judgment of Landlord be reasonably required (herein provided, however, if Tenant's leasehold improvements are of a different quality than is standard in the Building and, therefore, the cost of janitor and maid service for the Premises exceed the costs of Janitor and maid service for other premises in the Building with standard leasehold improvements, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service to and from any floor(s) above the first floor on which the Premises are located during normal business hours (provided, however, that such Landlord may limit the use of Building elevators for freight service to times other than normal business hours and to such times as Are scheduled through the manager of the Building)- and (v) electric lighting and routine maintenance for the Common Areas in the manner and to the extent Landlord deems reasonable and standard. Landlord will wash windows a minimum of once per year. (b) So long as Tenant continues to occupy the Premises and does not commit an event of default under this Lease, Landlord will furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item of equipment that requires electricity in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, at Tenant's expense, will make a reasonable effort to meet Tenant's needs through the then existing feeders servicing the Building. Landlord, not Tenant, will install any supplemental risers or wiring to meet Tenant's excess electrical requirements. However, such installation shall be at the expense of Tenant and if, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then Landlord will not be required to install the supplemental risers or wiring. Landlord will not be responsible or liable to Tenant for any failure or defect in the supply or character of electricity furnished to the premises or the Building because of any requirement, act or omission of the electric utility company serving the Building. All installations of electrical fixtures, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) this Section 9 shall be included as "Operating Expenses" and (b) and paid as Additional Rent pursuant to Section 6. Landlord shall not be liable for any repairs and maintenance required loss or damage caused by or resulting from any variation, interruption or failure of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n furnishing such services due to any cause whatsoever, and no temporary interruption or because failure of changes of the suppliers of such services or because of labor controversies, Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything incident to the contrary in this Leasemaking of repairs, any curtailment alterations or interruption of Building Services covered by the preceding sentence will not improvements or due to accident or strike conditions shall be construed as deemed an eviction (actual of Tenant or constructive) of Tenant, nor cause any abatement of the rent payable under this Lease, nor relieve Tenant from any of its Tenant's obligations under this Lease, and Landlord shall not be liable (EVEN IFNEGLIGEN7) for injury to persons or property, or in default under this Lease, as a result of such curtailment or interruptionhereunder. HoweverFor those services within Landlord's reasonable control, Landlord agrees to attempt in good faith to resume will correct any curtailed or interrupted Building Services after receipt interruption of notice from Tenant advising Landlord of the affected servicesservices as soon as practicable.

Appears in 1 contract

Samples: Office Lease Agreement (Edgar Online Inc)

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Services by Landlord. (a) So long, as Provided that Tenant continues to occupy the Premises and does is not commit an event of default under this Leasethen in default, Landlord will furnish shall cause to be furnished to the Building, or as applicable, the Premises, in common with other tenants, during business hours of 8:00 A.M. to 6:00 P.M. Monday through Friday (excluding National and State holidays) and Saturdays 8:00 A.M to 1:00 P.M., the following services; janitorial services (five (5) days a week after normal working hours), water (if available from city mains) for drinking, lavatory and toilet purposes, operatorless elevator service and heating and air conditioning for the occupied portion reasonably comfortable use and occupancy of the Premises, provided heating and cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service. Landlord shall furnish the Premises with electricity for the maintenance of building standard fluorescent lighting composed of 2’ x 4’ fixtures. Incandescent fixtures, table lamps, all lighting other than the aforesaid building standard fluorescent light, dimmers and all lighting controls other than controls for the aforesaid building standard florescent lighting shall be serviced, replaced and maintained at Landlord's Tenant’s expense. Landlord shall also furnish the Premises with electricity for lighting for the aforesaid building standard fluorescent lighting and for the operation of general office machines, such as electric typewriters, desk top computers, word processing equipment, dictating equipment, adding machines and calculators, and general service non-production type office copy machines. Landlord shall have the following services during right to enter and inspect the Term: Premises and all electrical devices therein from time to time, provided that Landlord shall have no obligation to provide more than (13.5) wxxxx per usable square foot of electricity for convenience outlets serving the Premises. After hours heating and air conditioning is available at a current charge of ($15.00) per hour, with a minimum of Two (2) hour per occurrence. All additional costs resulting from Tenant’s extraordinary usage of heating, air conditioning or electricity shall be paid by Tenant upon demand as Additional Rent for each month or portion thereof, and Tenant shall not install equipment with unusual demands for any of the foregoing without Landlord’s prior written consent, which Landlord may withhold if it determines that in its opinion such temperatures equipment may not be safely used in the Premises or that electrical service is not adequate therefor. If heat generating machines or equipment or other intensive activities shall be used or carried on in the Premises by Tenant which affect the temperature otherwise maintained by the heating and in such amounts as air conditioning system, Landlord shall consider have the right to be standard; (11) water for lavatory and toilet purposes at points of supply provided for the general use of tenants of the Building; (iii) Janitor and maid service on weekdays other than holidays and such window washing and wall cleaning as may install supplemental air conditioning units in the judgment of Landlord be reasonably required (providedPremises and the cost thereof, however, if Tenant's leasehold improvements are of a different quality than is standard in the Building and, therefore, including the cost of janitor engineering and maid service installation, and the cost of operation and maintenance thereof, shall be paid by Tenant upon demand by Landlord. Landlord shall further provide six (6) parking spaces per One Thousand rentable square feet of unreserved free parking, for Tenant’s employees and visitors throughout the term of this Lease and any extensions thereof. There shall be no abatement or reduction of Rent by reason of any of the foregoing services not being continuously provided to Tenant. Landlord shall provide Tenant with 101 after hour access cards to the Premises. Should Tenant require additional cards, or require replacement cards, a Ten Dollar ($10.00) charge will be assessed, for each additional card or to replace each card. Tenant shall report to Landlord immediately any defective condition in or about the Premises exceed the costs of Janitor and maid service for other premises in the Building with standard leasehold improvements, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service to and from any floor(s) above the first floor on which the Premises are located during normal business hours (provided, however, that Landlord may limit the use of Building elevators for freight service to times other than normal business hours and to such times as Are scheduled through the manager of the Building)- and (v) electric lighting and routine maintenance for the Common Areas in the manner and known to the extent Landlord deems reasonable best of Tenant’s knowledge and standardif such defect is not so reported and such failure to promptly report results in other damage, Tenant shall be liable for same. Landlord will wash windows a minimum of once per year. (b) So long as Tenant continues to occupy the Premises and does not commit an event of default under this Lease, Landlord will furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item of equipment that requires electricity in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, at Tenant's expense, will make a reasonable effort to meet Tenant's needs through the then existing feeders servicing the Building. Landlord, not Tenant, will install any supplemental risers or wiring to meet Tenant's excess electrical requirements. However, such installation shall be at the expense of Tenant and if, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then Landlord will not be required to install the supplemental risers or wiring. Landlord will not be responsible or liable to Tenant for any failure or defect in the supply or character of electricity furnished damage caused to Tenant and its property due to the premises Building or the Building because any part or appurtenance thereof being improperly constructed or being or becoming out of any requirement, act or omission of the electric utility company serving the Building. All installations of electrical fixtures, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) and (b) and any repairs and maintenance required of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement arising from the leaking of the equipment involved ;n furnishing such services gas, water, sewer or because of changes of the suppliers of services or because of labor controversies, Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything to the contrary in this Lease, any curtailment or interruption of Building Services covered by the preceding sentence will not be construed as an eviction (actual or constructive) of Tenant, nor cause any abatement of the rent payable under this Lease, nor relieve Tenant from any of its obligations under this Lease, and Landlord shall not be liable (EVEN IFNEGLIGEN7) for injury to persons or propertysteam pipes, or in default under this Lease, as a result of such curtailment or interruption. However, Landlord agrees to attempt in good faith to resume any curtailed or interrupted Building Services after receipt of notice from Tenant advising Landlord of the affected servicesproblems with electrical service.

Appears in 1 contract

Samples: Office Lease (SOI Holdings, Inc.)

Services by Landlord. (a) So long, As long as Tenant continues to occupy the Premises and does is not commit an event of in default under any of the covenants or provisions of this Lease, Landlord will furnish for shall maintain Premises and the occupied portion public and common areas of the PremisesBuilding, at Landlord's expensesuch as lobbies, stairs, atriums, landscaping, corridors and restrooms, in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the Term: (1term of this lease as follows: a) heating During reasonable and usual business hours, heat and air conditioning, water and electricity for lighting and for operation of normal office machines, excluding certain computer equipment, but not to exceed 6 xxxxx per square foot of leased premises. Landlord reserves the right to charge for electricity used in excess of 6 xxxxx per square foot of leased space at such temperatures a rate equal to the annual average K.W.H. cost paid by the building. Additional electricity and in such amounts chilled water necessary for operation of additional cooling equipment will be charged for at a predetermined rate prior to authorization to install the equipment. Additional circuits and additional piping for chilled water costs will be borne by the Tenant. b) The failure to furnish heat, air conditioning, water, electricity, elevator service, or cleaning resulting from causes beyond the Landlord's control shall not render Landlord liable for damages to persons or property nor work as Landlord shall consider to be standard; (11cause for rent abatement nor cause for nonfulfillment of the provisions. c) water Water for drinking, lavatory and toilet purposes at points of from the regular Building supply provided through fixtures installed by Landlord (or by Tenant with Landlord's written consent) d) Janitorial service and supplies for the general use of tenants common area restroom and common hall. e) Taxes and insurance on the Premises, except as otherwise provided herein. f) Landlord agrees to maintain the exterior and interior of the Building; (iii) Janitor Premises to include lawn and maid service on weekdays other than holidays and such window washing and wall cleaning as may in the judgment of Landlord be reasonably required (providedshrub care, howeversnow removal, if Tenant's leasehold improvements are of a different quality than is standard in the Building and, therefore, the cost of janitor and maid service for the Premises exceed the costs of Janitor and maid service for other premises in the Building with standard leasehold improvements, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service to and from any floor(s) above the first floor on which the Premises are located during normal business hours (provided, however, that Landlord may limit the use of Building elevators for freight service to times other than normal business hours and to such times as Are scheduled through the manager maintenance of the Building)- structure roof, mechanical and (v) electric lighting electrical equipment, architectural finish, and routine maintenance for the Common Areas so on, excluding only those items specifically excepted elsewhere in the manner and to the extent Landlord deems reasonable and standardthis lease. Landlord will wash windows a minimum of once per year. (b) So long as Tenant continues to occupy the Premises and does not commit an event of default under this Lease, Landlord will furnish sufficient power to the Premises for lighting and for typewriters, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item of equipment that requires electricity in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, at Tenant's expense, will shall make a reasonable effort to meet Tenant's needs through provide the then existing feeders servicing foregoing services but in any event shall not be liable for damages, nor shall the Building. Landlordrental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing service when there are disturbances or labor disputes of any character, not Tenantor by inability to secure electricity, will install any supplemental risers fuel, supplies, machinery, equipment or wiring to meet Tenant's excess electrical requirements. Howeverlabor, such installation shall be at or by the expense making of Tenant and if, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then Landlord will not be required improvements to install Premises nor shall the supplemental risers or wiring. Landlord will not be responsible or liable temporary failure to Tenant for furnish any failure or defect in the supply or character of electricity furnished to the premises or the Building because of any requirement, act or omission of the electric utility company serving the Building. All installations of electrical fixtures, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) and (b) and any repairs and maintenance required of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n furnishing such services or because of changes of the suppliers of services or because of labor controversies, Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything to the contrary in this Lease, any curtailment or interruption of Building Services covered by the preceding sentence will not be construed as an eviction (actual of Tenant or constructive) by making of Tenantnecessary repairs or improvements to Premises nor shall the temporary failure to furnish any of such labor, or by the making of necessary repairs or improvements to Premises nor cause shall the temporary failure to furnish any abatement of the rent payable under this Lease, nor such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of its obligations under this Lease, the provisions services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and Landlord shall not be liable (EVEN IFNEGLIGEN7) for injury to persons or property, or in default under this Lease, as a result of such curtailment or interruption. However, Landlord agrees to attempt in good faith to resume performing any curtailed or interrupted Building Services after receipt of notice from Tenant advising Landlord of the affected servicesprovisions of this lease.

Appears in 1 contract

Samples: Lease Agreement (US Alliance Corp)

Services by Landlord. During the Lease Term, Landlord shall furnish the following services to the Leased Premises and other portions of the Project as specified: (a) So longair conditioning, both heating and cooling (as required by the seasons) for normal business operations, from 7:30 a.m. to 6:00 p.m. on weekdays and on Saturdays from 8:00 a.m. to 1:00 p.m., except on Holidays (as defined in Exhibit C) (the HVAC Standard Hours) at temperatures and in --------- amounts as are in the sole judgment of Landlord reasonably required for comfortable use and occupancy under normal business operations. Normal business operations do not include occupancies greater than 1 person for each 000 Xxxxxx Xxxxxx Feet of the Leased Premises on a floor-by-floor basis. Circulating air is not available other than through the Building's HVAC system. If Tenant continues to occupy requires HVAC services at any time other than HVAC Standard Hours, Landlord shall furnish after-hours HVAC service for the Premises and does times specified in a request by Tenant received by the Manager before 2:00 p.m. on the business day the extra usage is required. Requests received after that deadline will be handled in accordance with Landlord's Building Policies in effect at the time. Tenant acknowledges receipt of a copy of the current Building Policies. Landlord may make changes in the Building Policies that do not commit an event of default materially adversely affect Tenant's rights and/or obligations under this Lease, . The changes become effective when a copy of the revised Building Policies is delivered to Tenant. Tenant shall pay Landlord will furnish as additional Rent for after-hours HVAC service during the initial Lease Term $50 per hour per floor (whole or partial) per Building for the occupied portion of first floor (or the Premises, at Landlord's expensefirst two floors if they are contiguous) and $25 per hour per floor (whole or partial) per Building for each subsequent floor (i.e., the following services third floor if the first two floors are contiguous or the second floor if the floors are noncontiguous), with a 2-hour minimum. By way of example, during the Term: initial Lease Term (1) heating the after-hours HVAC charge for service to Xxxxx 000X xxx Xxxxx 000X would be $100 per hour, (2) the after-hours HVAC charge for service to Suite 250E, 260E, and air 350E would be $50 per hour, and (3) the after-hours HVAC charge for service to Suites 250E, 350E, and 450E (assuming Tenant exercises its expansion option under Paragraph 55) would be $75 per hour; (b) cold water (at such temperatures and in such amounts as Landlord shall consider the normal temperature of the water supply to be standard; (11the Buildings) water for lavatory and toilet purposes, refrigerated water for drinking purposes, and hot water (from the regular Buildings supply at prevailing temperatures) for lavatory purposes to restrooms located in the core area of the Buildings only, all water service to be at supply points of supply provided for the general use of tenants of the Building; Buildings through fixtures installed by Landlord, or by Tenant with Landlord's prior consent; (iiic) Janitor janitor and maid service to the Leased Premises on weekdays days other than holidays Fridays, Saturdays, and such Holidays; (d) window washing and wall cleaning as may determined by Landlord in the judgment of Landlord be reasonably required its reasonable discretion; (provided, however, if Tenant's leasehold improvements are of a different quality than is standard in the Building and, therefore, the cost of janitor e) operator-less passenger elevators for ingress and maid service for the Premises exceed the costs of Janitor and maid service for other premises in the Building with standard leasehold improvements, then Tenant will pay the excess cost as additional rent upon receipt of a statement therefor): (iv) elevator service egress to and from any the floor(s) above the first floor on which the Leased Premises are located during normal business hours (provided, however, except that Landlord may limit the use number of Building elevators for to be in operation on Saturdays, Sundays, and Holidays if at least one elevator serving the Leased Premises is in operation) and freight elevator service to times in common with other than normal business hours and to such times as Are tenants but only when scheduled through the manager of the Building)- and Manager; (vf) Common Area rest room facilities; and (g) electric lighting and routine maintenance for the all Common Areas and special service areas of the Buildings in the manner and to the extent deemed by Landlord deems to be reasonable and standard, including replacement of florescent light tubes in Building standard light fixtures. Landlord will wash windows a minimum maintain essentially the same level of once per year. (b) So long services throughout the Lease Term as Tenant continues currently provided by Landlord on the Commencement Date. Building Standard Hours are weekdays, excluding Holidays, from 7:30 a.m. to occupy the Premises and does not commit an event of default under this Lease6:00 p.m., Landlord will furnish sufficient power to the Premises for lighting and for typewritersDallas, calculating machines and other machines of similar low electrical consumption, computer and/or electronic data processing equipment with higher electrical capacity requirements, but not for special lighting in excess of lighting that is standard in the Building, or any other item of equipment that requires electricity in excess of the amount Tenant currently uses. If Tenant requires electricity in excess of the electricity Landlord must furnish under the preceding sentence, Landlord, at Tenant's expense, will make a reasonable effort to meet Tenant's needs through the then existing feeders servicing the Building. Landlord, not Tenant, will install any supplemental risers or wiring to meet Tenant's excess electrical requirements. However, such installation shall be at the expense of Tenant and if, in Landlord's judgment, such installation is not necessary or will cause permanent damage or injury to the Building or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants, then Landlord will not be required to install the supplemental risers or wiringTexas time. Landlord will not be responsible or liable to Tenant for any failure or defect in may lock the supply or character of electricity furnished to the premises or the Buildings at all times other than during Building because of any requirement, act or omission of the electric utility company serving the Building. All installations of electrical fixtures, appliances and equipment in the Premises are subject to Landlord's prior approval. (c) The services described in subparagraphs (a) and (b) and any repairs and maintenance required of Landlord by Paragraph 6 below ("Building Services") may be curtailed or interrupted as required by any Applicable Laws or because of the maintenance, repair, replacement or improvement of the equipment involved ;n furnishing such services or because of changes of the suppliers of services or because of labor controversies, Accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. Notwithstanding anything to the contrary in this Lease, any curtailment or interruption of Building Services covered by the preceding sentence will not be construed as an eviction (actual or constructive) of Tenant, nor cause any abatement of the rent payable under this Lease, nor relieve Tenant from any of its obligations under this Lease, and Landlord shall not be liable (EVEN IFNEGLIGEN7) for injury to persons or property, or in default under this Lease, as a result of such curtailment or interruptionStandard Hours. However, Landlord agrees will provide Tenant with access to attempt in good faith the Leased Premises at all times, subject to resume any curtailed or interrupted Building Services after receipt of notice compliance with reasonable regulations related to entry procedures adopted by Landlord from Tenant advising Landlord of the affected servicestime to time.

Appears in 1 contract

Samples: Office Lease (Data Return Corp)

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