Common use of SERVICES BY LESSOR Clause in Contracts

SERVICES BY LESSOR. (a) Lessor agrees to furnish for the occupied portion of the Leased Premises at Lessor's cost and expense, the following services: (1) Heating and air conditioning in season, at such temperatures between 68DEG and 72DEG F provided twenty-four (24) hours a day, unless otherwise required by governmental authority; and provided further that Lessee shall bear the entire cost of such additional service at rates set by Lessor from time to time and Lessee shall pay for such usage as additional rental upon receipt by Lessee of a statement therefor from Lessor; (2) cold water at the normal temperature of the supply of water to the building for lavatory and toilet purposes, refrigerated water for drinking purposes and hot water (from the regular supply of water to the building) through fixtures installed by Lessor or by Lessee with Lessor's consent; and (3) electric lighting for all public areas and special service areas of the building in the manner and to the extent deemed by the Lessor to be reasonable and standard. (b) service. Lessee agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the building or the risers or wiring installations. Without Lessor's prior consent, Lessee shall not install any equipment that shall require for its use other than the normal electric current and electrical equipment supplied by the Lessor. (c) Lessor does not warrant that the service provided for herein will be free from interruption or stoppage caused by the maintenance, replacement or improvement of any of the equipment involved in the furnishing of any such services, or caused by labor controversies, accidents, acts of God or the elements or any other cause beyond the reasonable control of Lessor, and specifically no interruption or stoppage of any such services shall ever be construed as an eviction of Lessee nor shall same cause any abatement of the rent payable hereunder or in any manner of for any purpose relieve Lessee from any of its obligations hereunder, and in any event Lessor shall not be liable for any interruption or stoppage of any such services or for any damage to persons or property resulting therefrom provided Lessor uses reasonable diligence to resume the service or to cause same to be resumed. (d) Janitorial cleaning service (is not) provided by Lessor under the lease. If provided by Lessor, janitorial service shall be scheduled for five days per week.

SERVICES BY LESSOR. (a) So long as Lessee is not in default hereunder, Lessor agrees to furnish for Lessee while occupying the occupied portion of the Leased Demised Premises at Lessor's cost and expense, the following services: : (1A) Heating Hot and cold water at those points of supply provided for the general use of Lessee and the other occupants of the Building. (B) Heat or air conditioning from the Building systems as appropriate for the season, or connections to the Building’s heating and air conditioning systems, on a 24 hours basis on Monday through (and including) Saturday of each week, public holidays excepted; provided that Lessor shall provide heat or air conditioning on Sundays and public holidays as requested by Lessee (with such request to be given to owner in seasonwriting at least 24 hours prior to the commencement of the requested additional heating and air conditioning service), in which case Lessee shall pay (promptly upon receipt of an invoice therefore) and be responsible for the actual costs of the additional heating or air conditioning incurred by Lessor. (C) Passenger elevator service in common with other tenants for ingress to and egress from the Demised Premises, with at least one such temperatures between 68DEG elevator to be operational at all times without interruption or unreasonable delay. (D) Janitorial cleaning services as set forth in Exhibit F attached hereto. (E) Electric lighting for public and 72DEG F common areas of the Building in the manner and to the extent similar to that provided in other first class high-rise office buildings in the Cincinnati, Ohio central business district. (F) Maintenance of the Common Areas, including removal of rubbish, ice and snow. (G) Life safety and security systems that are currently installed within the Building operated in the manner and to the extent similar to that provided by Lessor to date in the Building. Lessor may enter the Demised Premises upon twenty-four (24) hours a dayadvance notice to Lessee (except in an emergency in which case no notice is necessary) to examine the same or to make alterations and repairs therein or for any purpose which it may deem reasonably necessary for the operation, unless otherwise required maintenance, repair and alteration of the Building and the Building equipment. Lessor shall use commercially reasonable efforts to minimize any interruption to or interference with Lessee’s use and enjoyment of the Demised Premises caused by Lessor’s entrance in the Demised Premises. Lessor reserves the right of stopping all or any portion of such services at such times as may be necessary by reason of the following which have an impact on the Building or such services to be provided: accidents, repairs, alterations or improvements desirable or necessary to be made until the same shall have been completed, or whenever Lessor, after exercising ordinary diligence, is unable to furnish all or any portion of such services by reason of electric power failures (except for any power failures due to Lessor’s failure to pay applicable utility charges), labor difficulties, orders of any governmental authority; and provided further that Lessee shall bear the entire cost of such additional service at rates set by Lessor from time to time and Lessee shall pay for such usage as additional rental upon receipt by Lessee of a statement therefor from Lessor; (2) cold water at the normal temperature of the supply of water to the building for lavatory and toilet purposes, refrigerated water for drinking purposes and hot water (from the regular supply of water to the building) through fixtures installed by Lessor or by Lessee with Lessor's consent; and (3) electric lighting for all public areas and special service areas of the building in the manner and to the extent deemed by the Lessor to be reasonable and standard. (b) service. Lessee agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the building or the risers or wiring installations. Without Lessor's prior consentriots, Lessee shall not install any equipment that shall require for its use other than the normal electric current and electrical equipment supplied by the Lessor. (c) Lessor does not warrant that the service provided for herein will be free from interruption or stoppage caused by the maintenancefloods, replacement or improvement of any of the equipment involved in the furnishing of any such services, or caused by labor controversies, accidents, acts of God or the elements or any other cause beyond the reasonable control of Lessor’s control. Failure to any extent to furnish, and specifically no interruption or any stoppage of of, these defined services, resulting from any such services cause, shall ever not render Lessor liable in any respect for damages to either person or property, nor be construed as an eviction of Lessee nor shall same cause any or work an abatement of the rent payable hereunder or in any manner of for any purpose rent, nor relieve Lessee from any of its obligations hereunder, and in any event Lessor shall not be liable for any interruption or stoppage fulfillment of any such covenant or agreement hereof. Should any equipment or machinery used to furnish the above-referenced services break down, or for any damage cause cease to persons or property resulting therefrom provided function properly, Lessor uses shall use reasonable diligence to resume the repair same promptly, but Lessee shall have no claim for rebate or abatement of rent or damages on account of any interruptions in service occasioned thereby or to cause same to be resumed. (d) Janitorial cleaning service (is not) provided by Lessor under the leaseresulting therefrom. If provided by LessorLessee requests that repairs, janitorial service shall improvements, decorating, or other work in the Leased Premises be scheduled for five days per weekdone after regular business hours, Lessor may charge Lessee any additional costs (including overtime) resulting therefrom.

SERVICES BY LESSOR. (a) So long as Lessee is not in default hereunder, Lessor agrees to furnish for Lessee while occupying the occupied portion of the Leased Demised Premises at Lessor's cost and expense, the following services: : (1a) Heating Hot and cold water at those points of supply provided for the general use of occupants of the building, and for lavatory, drinking and office cleaning purposes and for a kitchenette in the Demised Premises. (b) Heat and air conditioning in season, at such times as Lessor normally furnishes these services to all tenants of the building, and at such temperatures between 68DEG and 72DEG F provided twenty-four (24) hours a day, unless otherwise required by governmental authority; and provided further that Lessee shall bear the entire cost of in such additional service at rates set amounts as are considered by Lessor from time to time be standard and Lessee shall pay as set forth herein in Exhibit (c) Passenger elevator service in common with other tenants for such usage as additional rental upon receipt by Lessee of a statement therefor from Lessor; (2) cold water at the normal temperature of the supply of water ingress to the building for lavatory and toilet purposes, refrigerated water for drinking purposes and hot water (egress from the regular supply of water Demised Premises, with at least one such elevator to the buildingbe operational at all times. (d) through fixtures installed by Lessor or by Lessee with Lessor's consent; and Janitorial cleaning services as set forth in Exhibit F attached hereto. (3e) electric Electric lighting for all public areas and special service areas of the building in the manner and to the extent deemed by the Lessor similar to be reasonable and standard. (b) service. Lessee agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the building or the risers or wiring installations. Without Lessor's prior consent, Lessee shall not install any equipment that shall require for its use provided in other than the normal electric current and electrical equipment supplied by the Lessor. (c) Lessor does not warrant that the service provided for herein will be free from interruption or stoppage caused by the maintenance, replacement or improvement of any of the equipment involved first class buildings in the furnishing of Cincinnati, Ohio area. Failure to any such extent to furnish, or any stoppage of, these defined services, or caused by labor controversies, accidents, acts of God or the elements or any other cause resulting from causes beyond the reasonable control of Lessor, and specifically no interruption shall not render Lessor liable in any respect for damages to either person or stoppage of any such services shall ever property, nor be construed as an eviction of Lessee nor shall same cause any or work an abatement of the rent payable hereunder or in any manner of for any purpose rent, nor relieve Lessee from any of its obligations hereunder, and in any event Lessor shall not be liable for any interruption or stoppage fulfillment of any such services covenant or agreement hereof. Should any equipment or machinery break down, or for any damage cause cease to persons or property resulting therefrom provided function properly, Lessor uses shall use reasonable diligence to resume the repair same promptly, but Lessee shall have no claim for rebate or abatement of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom, unless caused by negligence of Lessor in deed or failure to cause same to be resumedrepair within a reasonable period of time as determined by standards set forth for first class buildings in Cincinnati. (d) Janitorial cleaning service (is not) provided by Lessor under the lease. If provided by Lessor, janitorial service shall be scheduled for five days per week.

SERVICES BY LESSOR. (a) So long as Lessee is not in default hereunder and Lessee is occupying the Premises, Lessor agrees to furnish for the occupied portion of the Leased Premises at Lessor's cost and expense, Lessee the following services: : (1i) Heating Hot and cold water at those points of supply provided for the public use of tenants. (ii) Heating, ventilation and air conditioning ("HVAC") in season, between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. and 1:00 p.m. Saturday, exclusive of Building Holidays (such hours being hereinafter referred to as "Business Hours"), and at such temperatures between 68DEG and 72DEG F provided twenty-four (24) hours a dayin such amounts as are reasonably considered by Lessor to be standard for comparable buildings in the Market Area. If Lessee requires HVAC outside Business Hours, unless otherwise required by governmental authority; Lessor shall furnish it to Lessee only at Lessee's request, and provided further that Lessee shall bear the entire cost charge therefor, which charge shall be payable on demand and in an amount equal to the rate Lessor at such time is charging for such service plus 15% of such additional costs to cover Lessor's overhead costs. (iii) Passenger elevator service at rates set in common with other tenants for ingress to and egress from the Premises, provided that Lessor may reduce the number of operating elevators to not less than one before or after Business Hours. (iv) Janitorial cleaning services as are reasonably considered by Lessor from time to time and Lessee shall pay be standard for such usage as additional rental upon receipt by Lessee of a statement therefor from Lessor; comparable buildings in the Market Area. (2v) cold water at the normal temperature of the supply of water to the building for lavatory and toilet purposes, refrigerated water for drinking purposes and hot water (from the regular supply of water to the building) through fixtures installed by Lessor or by Lessee with Lessor's consent; and (3) electric Electric lighting for all public areas and special service areas of the building Building in the manner and to the extent reasonably deemed by the Lessor to be reasonable standard for comparable buildings in the Market Area. (vi) Ballast and standardlamp replacement for Building Standard ceiling mounted fluorescent lighting fixtures located in the Premises. (vii) Electric energy that Lessee shall reasonably require for normal office equipment such as personal computers, standard business office word processing and photocopying equipment, telecopiers, typewriters, dictation machines, calculators and other machines of similar electrical consumption, and lighting in the Premises, provided that Lessor shall not be obligated to provide (unless otherwise specifically agreed in writing) dedicated circuits or electrical power in excess of Building Standard. (viii) Security services as Lessor may from time to time reasonably deem to be standard for comparable buildings in the Market Area. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, LESSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT WARRANTING THE EFFICACY OF ANY SUCH SECURITY PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT AND THAT LESSEE IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT. LESSOR SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY SUCH SECURITY PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT OR CONTROL, OR APPREHEND ANY ONE SUSPECTED OF, PERSONAL INJURY OR PROPERTY DAMAGE IN, ON OR AROUND THE PROJECT. (b) service. Lessee agrees that at all times its use of electric current shall never exceed the capacity of existing feeders Notwithstanding anything herein to the building contrary, the obligations of Lessor to provide the services and utilities provided above shall be subject to governmental regulation (e.g., rationing, temperature control, etc.) and any such regulation which requires Lessor to provide or the risers not provide such services or wiring installations. Without Lessor's prior consent, Lessee utilities other than as herein provided shall not install any equipment that constitute a default hereunder but rather compliance with such regulation shall require for its use other than the normal electric current and electrical equipment supplied be deemed to be compliance by the LessorLessor hereunder. (c) Lessor does not warrant that the service provided for herein will be free from interruption or stoppage caused by the maintenance, replacement or improvement of The failure to any of the equipment involved in the furnishing of any such servicesextent to furnish, or caused by labor controversiesany stoppage of, accidents, acts of God or the elements or any other cause beyond the reasonable control of Lessor, and specifically no interruption or stoppage of any such services shall ever not render Lessor liable in any respect for damages to either person or property, nor be construed as an eviction of Lessee nor shall same cause any or work an abatement of the rent payable hereunder or in any manner of for any purpose rent, nor relieve Lessee from any of its obligations hereunder, and in any event Lessor shall not be liable for any interruption or stoppage fulfillment of any such covenant or agreement hereof. Should any equipment or machinery necessary for the services set forth in subsection (a) above break down, or for any damage cause cease to persons or property resulting therefrom provided function properly, Lessor uses shall use reasonable diligence to resume repair same promptly, but Lessee shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Notwithstanding the service foregoing, in the event of the failure to furnish, any stoppage of or to cause same to be resumed. other interruption in the furnishing of the services or utilities described in subsection (da) Janitorial cleaning service (is not) provided above which continues for five business days after receipt by Lessor under of written notice thereof from Lessee, and such failure, stoppage or interruption is not caused by Force Majeure (as hereinafter defined), a casualty covered by Section 13 below, a failure on the lease. If provided part of a public utility, or by Lessorany act or omission of Lessee, janitorial service its agents, employees or contractors, Lessee shall be scheduled for five days per weekentitled, as its sole and exclusive remedy, to an abatement of Basic Monthly Rent and Basic Costs Excess in proportion to the untenantability of the Premises caused by such failure, stoppage or interruption, with such abatement to begin on the sixth business day after the receipt by Lessor of written notice of such occurrence and continuing until such failure or stoppage or interruption has been cured.