SERVICES OF LANDLORD. A. During the Term, Landlord shall furnish Tenant with the following services: (a) hot and cold water in Building Standard bathrooms and chilled water in Building Standard drinking fountains; (b) electrical power sufficient for lighting the Premises and for the operation therein of typewriters, voicewriters, calculating machines, word processing equipment, photographic reproduction equipment, copying machines, personal computers and similar items of business equipment which consume, in the aggregate, less than five (5) wxxxx per square foot of Net Rentable Area of the Premises and require a voltage of 120 volts single phase or less, (c) heating, ventilating or air-conditioning, as appropriate, during Business Hours at such temperatures and in such amounts as customarily and seasonally provided to tenants occupying comparable space in office buildings in the Atlanta, Georgia suburban area; (d) electric lighting for the Common Areas of the Project; (e) elevator service (if the Building has elevators), in common with others, for access to and from the Premises twenty-four (24) hours per day, seven (7) days per week; provided, however, that Landlord shall have the right to limit the number of (but not cease to operate all) elevators to be operated after Business Hours and on Saturdays, Sundays and Holidays; (f) janitorial cleaning services; (g) facilities for Tenant’s loading, unloading, delivery and pick-up activities, including access thereto during Business Hours, subject to the Rules and Regulations, the type of facilities, and other limitations of such loading facilities; and (h) replacement, as necessary, of all Building Standard lamps and ballasts in Building Standard light fixtures within the Premises. All services referred to in this Section 7.1A shall be provided by Landlord and paid for by Tenant as part of Tenant’s Operating Costs Payment. B. If Tenant requires air-conditioning, heating or other services, including cleaning services, routinely supplied by Landlord for hours or days in addition to the hours and days specified in Section 7.xX, Landlord shall make reasonable efforts to provide such additional service after reasonable prior written request therefore from Tenant, and Tenant shall reimburse Landlord for the cost of such additional service; provided however, that, if any other tenants in the Building served by the equipment providing such additional service to the Premises request that Landlord concurrently provide such service to such other tenants, the cost of Landlord’s providing such additional and concurrent service shall be prorated among all of the tenants requesting such service. Landlord shall have no obligation to provide any additional service to Tenant at any time Tenant is in default under this Lease unless Tenant pays to Landlord, in advance, the cost of such additional service. If any machinery or equipment which generates abnormal heat or otherwise creates unusual demands on the air-conditioning or heating system serving the Premises is used in the Premises and if Tenant has not, within five (5) days after demand from Landlord, taken such steps, at Tenant’s expense, as shall be necessary to cease such adverse affect on the air-conditioning or heating system, Landlord shall have the right to install supplemental air-conditioning or heating units in the Premises, and the full cost of such supplemental units (including the cost of acquisition, installation, operation, use and maintenance thereof) shall be paid by Tenant to Landlord in advance or on demand. C. If Tenant’s requirements for or consumption of electricity exceed the capacities specified in clause (b) of Section 7.1A hereof, Landlord shall, at Tenant’s sole cost and expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises and shall bxxx Tenant periodically for such additional service and Tenant shall pay each such bxxx with the installment of Rent next due. The degree of such additional consumption and potential consumption by Tenant shall be determined at Landlord’s election, by either or both (a) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant, and (b) a separate meter in the Premises to be installed and maintained, and read by Landlord, all at Tenant’s sole cost and expense. Tenant shall not install any electrical equipment requiring special wiring unless approved in advance by Landlord. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s sole cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not (i) cause permanent damage or injury to the Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses or (iv) interfere with or disturb other tenants or occupants of the Building. Section 7.2 Landlord’s obligation to furnish electrical and other utility services shall be subject to the rules and regulations of the supplier of such electricity or other utility services and the rules and regulations of any municipal or other governmental authority regulating the business of providing electricity and other utility services, Landlord shall have the right, at Landlord’s option, upon not less than thirty (30) days’ prior written notice to Tenant (provided such prior notice will be less if either the discontinuance of such service is required by applicable law or Landlord receives shorter notice from the utility company providing electricity or other utility service), to discontinue electric or other utility services to the Premises and arrange for a direct connection thereof through a public utility supplying such service. If Landlord gives such notice of discontinuance, Landlord shall make all necessary arrangements with the public utility supplying electric or other utility service directly to the Building to furnish electric or other utility service to the Premises, and, unless prohibited by law or regulations of such public utility, Landlord shall not discontinue electric or other utility service to the Premises until such public utility is ready to supply service to the Premises. Tenant shall, however be responsible for contracting promptly and directly with such public utility supplying such service and for paying all deposits for, and all costs relating to, such service. Section 7.3 No failure to furnish, or any stoppage of, the services referred to in this Article 7 resulting from any cause shall make Landlord liable in any respect for damages to any person, property or business, or be construed as an eviction of Tenant, or entitle Tenant to any abatement of Rent or other relief from any of Tenant’s obligations under this Lease. Should any malfunction of any systems or facilities occur within the Project or should maintenance or alterations of such systems or facilities become necessary, Landlord shall repair the same promptly and with reasonable diligence, and Tenant shall have no claim for rebate, abatement of Rent, or damages because of malfunctions or any such interruptions in service.
Appears in 1 contract
SERVICES OF LANDLORD. Section 7.01. A. During the Term, Landlord shall furnish Tenant with the following services: (a) hot and cold water in Building Standard bathrooms and chilled water in Building Standard drinking fountains; (b) electrical power sufficient for lighting the Premises and for the operation therein of typewriters, voicewriters, calculating machines, word processing equipment, photographic reproduction equipmentreproduction, copying machines, personal computers and related equipment and similar items of business equipment which consume, in the aggregate, less than five (5) wxxxx per square foot of Net Rentable Area of the Premises and require a voltage of 120 volts single phase or less, equipment; (c) heating, ventilating or air-conditioning, as appropriate, during Business Hours at such (Holidays excepted), sufficient to maintain temperatures and in such amounts as customarily and seasonally provided to tenants occupying comparable space in office buildings humidities of not less than 68 degrees (dry bulb) in the Atlantawinter and not greater than 74 degrees (dry bulb) in the summer, Georgia suburban area; in accordance with standards of buildings comparable to the building in the Bethesda, Maryland central business district and in accordance with the air quality standards and/or recommendations promulgated by the Environmental Protection Agency, the Occupational Safety and Health Administration, and other applicable authorities, (d) electric lighting for the Common Areas of the Project; (e) passenger elevator service (if the Building has elevators)service, in common with others, for access to and from the Premises twenty-four (24) hours per day, seven (7) days per week; provided, however, that Landlord shall have the right to limit the number of (but not cease to operate all) elevators to be operated after Business Hours and on Saturdays, Sundays and Holidays; (f) customary janitorial cleaning services; services after Business Hours Monday through Friday, exclusive of Holidays, (g) facilities for Tenant’s loading, unloading, delivery and pick-up activities, including access thereto during Business Hours, subject to the Rules and Regulations, the type of facilities, and other limitations of such loading facilities; and (h) replacement, as necessary, of all Building Standard lamps and ballasts in Building Standard light fixtures within the Premises, (h) a "Kastle," or equivalent electronic security system providing secured, after Business Hours access to the Building and the elevators therein by means of a card controlled or equivalent central station monitor system. All services referred to in this Section 7.1A 7.01A shall be provided by Landlord and paid for by Tenant as part of Tenant’s Base Operating Costs Payment.
B. If Tenant requires air-conditioningand Excess Operating Costs, heating or other services, including cleaning services, routinely supplied by Landlord for hours or days in addition to the hours and days specified in Section 7.xX, Landlord shall make reasonable efforts to provide such additional service after reasonable prior written request therefore from Tenant, and except that Tenant shall reimburse pay Landlord for the cost of such additional service; provided however, that, if any other tenants in $9.00 per card for each card beyond the Building served first two cards issued by Landlord to tenant for the equipment providing such additional service to the Premises request that Landlord concurrently provide such service to such other tenants, the cost of Landlord’s providing such additional and concurrent service shall be prorated among all operation of the tenants requesting such service. Landlord shall have no obligation to provide any additional service to Tenant at any time Tenant is security system described in default under this Lease unless Tenant pays to Landlord, in advance, the cost of such additional service. If any machinery or equipment which generates abnormal heat or otherwise creates unusual demands on the air-conditioning or heating system serving the Premises is used in the Premises and if Tenant has not, within five subsection (5h) days after demand from Landlord, taken such steps, at Tenant’s expense, as shall be necessary to cease such adverse affect on the air-conditioning or heating system, Landlord shall have the right to install supplemental air-conditioning or heating units in the Premises, and the full cost of such supplemental units (including the cost of acquisition, installation, operation, use and maintenance thereof) shall be paid by Tenant to Landlord in advance or on demand.
C. If Tenant’s requirements for or consumption of electricity exceed the capacities specified in clause (b) of Section 7.1A hereof, Landlord shall, at Tenant’s sole cost and expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises and shall bxxx Tenant periodically for such additional service and Tenant shall pay each such bxxx with the installment of Rent next due. The degree of such additional consumption and potential consumption by Tenant shall be determined at Landlord’s election, by either or both (a) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenantabove, and (b) a separate meter in the Premises to be installed and maintained, and read by Landlord, all at Tenant’s sole cost and expense. Tenant shall not install any electrical equipment requiring special wiring unless approved in advance by Landlord. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s sole cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not (i) cause permanent damage or injury Restroom facility keys for access to the Project, the Building or the Premises, ninth (ii9th) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses or (iv) interfere with or disturb other tenants or occupants of the Buildingfloor Ladies' Restroom facilities.
Section 7.2 Landlord’s obligation to furnish electrical and other utility services shall be subject to the rules and regulations of the supplier of such electricity or other utility services and the rules and regulations of any municipal or other governmental authority regulating the business of providing electricity and other utility services, Landlord shall have the right, at Landlord’s option, upon not less than thirty (30) days’ prior written notice to Tenant (provided such prior notice will be less if either the discontinuance of such service is required by applicable law or Landlord receives shorter notice from the utility company providing electricity or other utility service), to discontinue electric or other utility services to the Premises and arrange for a direct connection thereof through a public utility supplying such service. If Landlord gives such notice of discontinuance, Landlord shall make all necessary arrangements with the public utility supplying electric or other utility service directly to the Building to furnish electric or other utility service to the Premises, and, unless prohibited by law or regulations of such public utility, Landlord shall not discontinue electric or other utility service to the Premises until such public utility is ready to supply service to the Premises. Tenant shall, however be responsible for contracting promptly and directly with such public utility supplying such service and for paying all deposits for, and all costs relating to, such service.
Section 7.3 No failure to furnish, or any stoppage of, the services referred to in this Article 7 resulting from any cause shall make Landlord liable in any respect for damages to any person, property or business, or be construed as an eviction of Tenant, or entitle Tenant to any abatement of Rent or other relief from any of Tenant’s obligations under this Lease. Should any malfunction of any systems or facilities occur within the Project or should maintenance or alterations of such systems or facilities become necessary, Landlord shall repair the same promptly and with reasonable diligence, and Tenant shall have no claim for rebate, abatement of Rent, or damages because of malfunctions or any such interruptions in service.
Appears in 1 contract
Samples: Office Lease Agreement (Management Network Group Inc)
SERVICES OF LANDLORD. A. During the Term, Landlord shall furnish Tenant with the following services: (a) hot and cold water in Building Standard bathrooms and chilled water in Building Standard drinking fountains, if any; (b) electrical power sufficient for lighting the Premises and for the operation therein of typewriters, voicewriters, calculating machines, word processing equipment, photographic reproduction equipment, copying machines, personal computers computers, and similar items of business equipment which consume, in the aggregate, less than five (5) wxxxx per square foot of Net Rentable Area of the Premises and require a voltage of 120 volts single phase or lessequipment, (c) heating, ventilating or air-conditioning, as appropriate, during Business Hours (described below) at such temperatures and in such amounts as customarily and seasonally provided to tenants occupying comparable office space in office buildings Comparison Projects in the Atlanta, Georgia Sacramento suburban area, or as reasonably determined by Landlord; (d) electric lighting for the Common Areas of the Project; (e) passenger elevator service (if the Building has elevators)service, in common with others, for access to and from the Premises twenty-four (24) hours per day, seven (7) days day per weekweek (subject to the provisions of Article 15 below and to the Rules and Regulations); provided, however, that Landlord shall have the right to limit the number of (but not cease to operate all) elevators to be operated after Business Hours and on Saturdays, Sundays and Holidays; (f) janitorial cleaning servicesservices in accordance with the Janitorial Specifications attached to this Lease as Exhibit E-1; (g) facilities for Tenant’s 's loading, unloading, delivery and pick-up activities, including access thereto during Business Hours, subject to the Rules and Regulations, the type of facilities, and other limitations of such loading facilities; and (h) replacement, as necessary, of all Building Standard lamps and ballasts in Building Standard light fixtures within the Premises; (i) window washing; (j) security in accordance with the Security Guidelines attached to this Lease as Exhibit E-2 provided that Landlord shall have the right to modify the Security Guidelines from time to time throughout the term in accordance with the types of security provided by other Comparison Buildings; and (k) landscaping. All services referred to in this Section 7.1A shall be provided by Landlord and paid for by Tenant as part of Tenant’s 's Operating Costs Payment.
B. If Tenant requires air-conditioning, heating or other services, including cleaning services, routinely supplied by Landlord for hours or days in addition to the hours and days specified in Section 7.xX7.1A, Landlord shall make reasonable efforts to provide such additional service after reasonable prior written request therefore therefor from Tenant, and Tenant shall reimburse Landlord for the cost of such additional service; provided however, that, if any other tenants service in the Building served by the equipment providing such additional service to the Premises request that Landlord concurrently provide such service to such other tenants, the cost of Landlord’s providing such additional and concurrent service shall be prorated among all of the tenants requesting such serviceaccordance with Section 7.4. Landlord shall have no obligation to provide any additional service to Tenant at any time during the occurrence of a monetary Event of Default with respect to Tenant is in default under this Lease unless Tenant pays to Landlord, in advance, the cost of Landlord's charge for such additional service. If If, in Landlord's determination, any machinery or equipment which generates abnormal heat or otherwise creates unusual demands on the air-conditioning or heating system serving the Premises is used in the Premises (which shall be determined without regard to the amount of electricity consumed by Tenant) and if Tenant has not, within five ten (510) days after demand from Landlord, taken such steps, at Tenant’s 's expense, as shall be necessary to cease such adverse affect on the air-air- conditioning or heating system, Landlord shall have the right to install supplemental air-conditioning or heating units in the Premises, and the full cost of such supplemental units (including the cost of acquisition, installation, operation, use and maintenance thereof) shall be paid by Tenant to Landlord in advance or on demand.
C. If Tenant’s 's requirements for or consumption of electricity exceed exceed, in Landlord's judgment the capacities specified in clause amount required for normal office occupancy (bwhich, for the purposes of this Lease shall be deemed to be five (5) xxxxx per square foot of Section 7.1A hereofRentable Area during Business Hours, calculated on a non-contiguous, non-aggregated, non-annualized basis), Landlord shall, at Tenant’s 's sole cost and expense, make reasonable efforts to supply such service through the then-then existing feeders and risers serving the Building and the Premises and shall bxxx xxxx Tenant periodically for such additional service and Tenant shall pay each such bxxx with the installment of Rent next dueservice. The degree of such additional consumption and potential consumption by Tenant shall be determined at Landlord’s 's election, by either or both (a) a survey of standard or average tenant Tenant's usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant, and (b) a separate meter in the Premises to be installed and installed, maintained, and read by Landlord, all at Tenant’s 's sole cost and expense. Tenant shall not install any electrical equipment requiring special wiring unless approved in advance by Landlord. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring which Landlord deems to be necessary to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s 's sole cost, if, in Landlord’s 's reasonable judgment, the same are necessary and shall not (i) cause permanent damage or injury to the Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses or (iv) interfere with or disturb other tenants or occupants of the Building.
D. If Tenant's requirements for janitorial services exceeds the services included in the Janitorial Specifications, Tenant shall use commercially reasonable efforts to contract, at Tenant's sole cost and expense, with the Project's janitorial service provider for such additional services. If Tenant, despite its commercially reasonable efforts, does not enter into an agreement with the janitorial provider, Landlord and Tenant shall agree on a third party which is qualified to provide such additional services. Tenant shall pay for the cost of the additional janitorial services. The costs of the janitorial services provided under the Janitorial Specifications shall be included in Operating Costs.
E. If Tenant's requirements for security services exceeds the services provided by Landlord, Tenant shall use commercially reasonable efforts to contract, at Tenant's sole cost and expense, with the Project's security firm. If Tenant, despite its commercially reasonable efforts, does not enter into an agreement with the security firm, Landlord and Tenant shall agree on a third party which is qualified to provide such additional services to Tenant. Tenant shall pay for the cost of the additional security services which may include the posting of a security guard within Tenant's Premises but not in the Common Areas of the Project. The costs of the security provided by Landlord for the Project shall be included in Operating Costs.
F. Landlord shall make available to Tenant the existing generator in its "as is" condition, which Tenant shall have the right to use during the Term. The repair, maintenance and use of the existing generator shall be at Tenant's sole cost and expense. Tenant may, subject to (i) reasonable prior approval of the plans and specifications by Landlord and (ii) compliance with applicable laws and codes install, at its sole cost and expense, a second generator in a location approved by Landlord. Unless otherwise expressly agreed by Landlord and Tenant, Tenant shall remove the existing generator and the second generator at the expiration of the Term. The installation of the generator shall be performed in accordance with the terms and conditions of Article 10 with respect to the Alterations.
Section 7.2 Landlord’s 's obligation to furnish electrical and other utility services shall be subject to the rules and regulations of the supplier of such electricity or of other utility services and the rules and regulations of any municipal or other governmental authority regulating the business of providing electricity and other utility services, . Landlord shall have the right, at Landlord’s 's option, upon not less than thirty (30) days’ ' prior written notice to Tenant (provided such prior notice will be less if either the discontinuance of such service is required by applicable law or Landlord receives shorter notice from the utility company providing electricity or other utility service), and without any interruption in the continuity of the provision of such utilities services to the Premises, to discontinue electric or other utility services to the Premises and arrange for a direct connection thereof through a public utility supplying such service. If Landlord gives Tenant shall in such notice of discontinuanceevent, Landlord shall make all necessary arrangements with the public utility supplying electric or other utility service directly to the Building to furnish electric or other utility service to the Premises, and, unless prohibited by law or regulations of such public utility, Landlord shall not discontinue electric or other utility service to the Premises until such public utility is ready to supply service to the Premises. Tenant shall, however be responsible for contracting promptly and directly with such public utility supplying such service and for paying all deposits for, and all costs relating to, such service.
Section 7.3 No failure to furnish, or any stoppage of, the services referred to in this Article 7 resulting from any cause (except to the extent such failure or stoppage is a result of Landlord's willful misconduct, gross negligence, active negligence, or negligence, excluding, however, negligent acts or omissions for which Landlord has no knowledge or is deemed to have had imputed knowledge), shall make Landlord liable in any respect for damages to any person, property or business, or be construed as an eviction of Tenant, or entitle Tenant to any abatement of Rent or other relief from any of Tenant’s 's obligations under this Lease. Additionally, Tenant expressly acknowledges that Landlord reserves the right from time to time upon reasonable advance notice to Tenant (except in the case of emergency) to discontinue some or all of the services provided by Landlord hereunder if necessary in Landlord's judgment to effect any repair or maintenance obligations; provided that Landlord shall use commercially reasonable efforts to minimize any interference or interruption to Tenant's use of the Premises. Should any malfunction of any systems or facilities occur within the Project or should maintenance or alterations of such systems or facilities become necessary, Landlord shall repair the same promptly and with reasonable diligence, and Tenant shall in no event have no any claim for rebate, abatement of Rent, or damages because of any malfunctions in or any interruptions of any service to be provided however, except to the extent cause by a default of Landlord's obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. Notwithstanding anything to the contrary contained in this Section 7.3, if (a) Landlord ceases to furnish any service in the Building for a period in excess of five (5) consecutive business days after Tenant notifies Landlord of such interruptions cessation; (b) such cessation does not arise as a result of an act or omission of Tenant; (c) such cessation is not caused by a fire or other casualty (in which case Article 15 shall control); (d) the restoration of such service is reasonably within the control of Landlord; and (e) as a result of such cessation, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises, or such portion, in the normal course of its business operations) and Tenant in fact ceases to use the Premises, or such material portion, then Tenant, as its sole remedy, shall be entitled to receive an abatement of all Rent payable hereunder during the period beginning on the sixth (6th) consecutive business day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Rentable Area of the Premises so rendered untenantable and not used by Tenant.
Section 7.4 Tenant agrees to pay to Landlord Landlord's cost in providing HVAC services described in this Article which are in excess of the amounts included in the Base Rent or which are provided to Tenant outside of Business Hours ("Additional HVAC Services"). In calculating the costs of the Additional HVAC Services, Landlord shall include the following:
(i) The cost of the utilities charged by the local utility company and attributable to the Additional HVAC Services;
(ii) The cost of maintaining and repairing the HVAC system attributable to the Additional HVAC Services;
(iii) The depreciation on the HVAC system attributable to the Additional HVAC Services.
A. In order to provide for current payments of the additional utility expenses, including Additional HVAC Services ("Additional Utility Expenses"), Tenant shall, at Landlord's request, pay as additional rent an amount equal to the Additional Utility Expenses for the Utility Expenses Payment Period, as reasonably estimated, by Landlord. The formula for estimating and computing Additional Utility Expenses is attached to this Lease as Exhibit E-3. "Utility Expenses Payment Period" shall refer to each Lease Year, unless Landlord should elect to estimate Utility Expenses on a biannual basis, in which event it shall refer to the period between January 1 through June 30, or July 1 through December 31, as the context may require. Such payment shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant in writing of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Additional Utility Expenses. It is the intention hereunder to estimate the amount of the Additional Utility Expenses for each Utility Expenses Payment Period, and then to make an adjustment in the following Utility Expenses Payment Period based on the actual Additional Utility Expenses paid or incurred for period covered by the prior estimated statement.
Appears in 1 contract
SERVICES OF LANDLORD. A. During the Term, Landlord shall furnish Tenant with the following services: (a) hot and cold water in Building Standard bathrooms and chilled water in Building Standard drinking fountains; (b) electrical power sufficient for lighting the Premises and for the operation therein of typewriters, voicewriters, calculating machines, word processing equipment, photographic reproduction equipment, copying machines, personal computers computers, and similar items of business equipment which consume, in the aggregate, less than five (5) wxxxx watts per square foot of Net Rentable Area of the Premises and require rexxxxx a voltage of 120 volts single phase or less, (c) heating, ventilating or air-conditioning, as appropriate, during Business Hours at such temperatures and in such amounts as customarily and seasonally provided to tenants occupying comparable space in office buildings in the Atlanta, Georgia suburban area; (d) electric lighting for the Common Areas of the Project; (e) passenger elevator service (if the Building has elevators), in common with others, for access to and from the Premises twenty-four (24) hours per day, seven (7) days per week; provided, however, that Landlord shall have the right to limit the number of (but not cease to operate all) elevators to be operated after Business Hours and on Saturdays, Sundays and Holidays; (f) janitorial cleaning services; (g) facilities for Tenant’s 's loading, unloading, delivery and pick-up activities, including access thereto during Business Hours, subject to the Rules and Regulations, the type of facilities, and other limitations of such loading facilities; and (h) replacement, as necessary, of all Building Standard lamps and ballasts in Building Standard light fixtures within the Premises. All services referred to in this Section 7.1A shall be provided by Landlord and paid for by Tenant as part of Tenant’s 's Operating Costs Payment.
B. If Tenant requires air-conditioning, heating or other services, including cleaning services, routinely supplied by Landlord for hours or days in addition to the hours and days specified in Section 7.xX7.1A, Landlord shall make reasonable efforts to provide such additional service after reasonable prior written request therefore therefor from Tenant, and Tenant shall reimburse Landlord for the cost of such additional service; provided however, that, if any other tenants in the Building served by the equipment providing such additional service to the Premises request that Landlord concurrently provide such service to such other tenants, the cost of Landlord’s 's providing such additional and concurrent service shall be prorated among all of the tenants requesting such service. Landlord shall have no obligation to provide any additional service to Tenant at any time Tenant is in default under this Lease unless Tenant pays to Landlord, in advance, the cost of such additional service. If any machinery or equipment which generates abnormal heat or otherwise creates unusual demands on the air-conditioning or heating system serving the Premises is used in the Premises and if Tenant has not, within five (5) days after demand from Landlord, taken such steps, at Tenant’s 's expense, as shall be necessary to cease such adverse affect on the air-conditioning or heating system, Landlord shall have the right to install supplemental air-conditioning or heating units in the Premises, and the full cost of such supplemental units (including the cost of acquisition, installation, operation, use and maintenance thereof) shall be paid by Tenant to Landlord in advance or on demand.
C. If Tenant’s 's requirements for or consumption of electricity exceed the capacities specified in clause (b) of Section 7.1A hereof, Landlord shall, at Tenant’s 's sole cost and expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises and shall bxxx bill Tenant periodically for such additional service and Tenant shall xxxll pay each such bxxx bill with the installment of Rent next due. The degree of such additional axxxxional consumption and potential consumption by Tenant shall be determined at Landlord’s 's election, by either or both (a) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant, and (b) a separate meter in the Premises to be installed and installed, maintained, and read by Landlord, all at Tenant’s 's sole cost and expense. Tenant shall not install any electrical equipment requiring special wiring unless approved in advance by Landlord. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's sole cost, if, in Landlord’s 's reasonable judgment, the same are necessary and shall not (i) cause permanent damage or injury to the Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses or (iv) interfere with or disturb other tenants or occupants of the Building.
Section 7.2 Landlord’s obligation to furnish electrical and other utility services shall be subject to the rules and regulations of the supplier of such electricity or other utility services and the rules and regulations of any municipal or other governmental authority regulating the business of providing electricity and other utility services, Landlord shall have the right, at Landlord’s option, upon not less than thirty (30) days’ prior written notice to Tenant (provided such prior notice will be less if either the discontinuance of such service is required by applicable law or Landlord receives shorter notice from the utility company providing electricity or other utility service), to discontinue electric or other utility services to the Premises and arrange for a direct connection thereof through a public utility supplying such service. If Landlord gives such notice of discontinuance, Landlord shall make all necessary arrangements with the public utility supplying electric or other utility service directly to the Building to furnish electric or other utility service to the Premises, and, unless prohibited by law or regulations of such public utility, Landlord shall not discontinue electric or other utility service to the Premises until such public utility is ready to supply service to the Premises. Tenant shall, however be responsible for contracting promptly and directly with such public utility supplying such service and for paying all deposits for, and all costs relating to, such service.
Section 7.3 No failure to furnish, or any stoppage of, the services referred to in this Article 7 resulting from any cause shall make Landlord liable in any respect for damages to any person, property or business, or be construed as an eviction of Tenant, or entitle Tenant to any abatement of Rent or other relief from any of Tenant’s obligations under this Lease. Should any malfunction of any systems or facilities occur within the Project or should maintenance or alterations of such systems or facilities become necessary, Landlord shall repair the same promptly and with reasonable diligence, and Tenant shall have no claim for rebate, abatement of Rent, or damages because of malfunctions or any such interruptions in service.
Appears in 1 contract
Samples: Lease Agreement (Carecentric Inc)
SERVICES OF LANDLORD. A. During 3.1.1 Landlord shall maintain the Termpublic and common areas of the Building, including without limitation, lobbies, stairs, elevators, corridors and restrooms, the windows in the Building, the mechanical, plumbing, life safety and electrical equipment serving the Building, and the structure itself in reasonably good order and condition except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant's expense.
3.1.2 Landlord shall furnish Tenant the Premises with the following services: (a) hot electricity for lighting and cold water in Building Standard bathrooms and chilled water in Building Standard drinking fountains; the operation of standard office machines, (b) electrical power sufficient for lighting heat and air conditioning to the Premises and extent reasonably required for the operation therein of typewriters, voicewriters, calculating machines, word processing equipment, photographic reproduction equipment, copying machines, personal computers and similar items of business equipment which consume, comfortable occupancy by Tenant in the aggregate, less than five (5) wxxxx per square foot of Net Rentable Area its use of the Premises during the period from 8:00 a.m. to 6:00 p.m. on weekdays and require a voltage of 120 volts single phase from 9:00 a.m. to 1:00 p.m. on Saturdays, except for holidays declared by the Federal government, or lesssuch shorter period as may be prescribed by any applicable policies or regulations adopted by any utility or governmental agency, (c) heatingelevator service, ventilating or air-conditioningif applicable, as appropriate, during Business Hours at such temperatures and in such amounts as customarily and seasonally provided to tenants occupying comparable space in office buildings in the Atlanta, Georgia suburban area; (d) electric lighting replacement (for the Common Areas of the Project; building standard lights), (e) elevator service (if the Building has elevators)standard restroom supplies, in common with others, for access to and from the Premises twenty-four (24) hours per day, seven (7) days per week; provided, however, that Landlord shall have the right to limit the number of (but not cease to operate all) elevators to be operated after Business Hours and on Saturdays, Sundays and Holidays; (f) janitorial cleaning services; window washing with reasonable frequency, (g) facilities for Tenant’s loading, unloading, delivery and pick-up activities, including access thereto during Business Hours, subject to the Rules and Regulations, the type of facilities, and other limitations of such loading facilities; and (h) replacement, as necessary, of all Building Standard lamps and ballasts in Building Standard light fixtures within the Premises. All services referred to in this Section 7.1A shall be provided by Landlord and paid for by Tenant as part of Tenant’s Operating Costs Payment.
B. If Tenant requires air-conditioning, heating or other services, including cleaning services, routinely supplied by Landlord for hours or days in addition to the hours and days specified in Section 7.xX, Landlord shall make reasonable efforts to provide such additional daily janitor service after reasonable prior written request therefore from Tenant, and Tenant shall reimburse Landlord for the cost of such additional service; provided however, that, if any other tenants in the Building served by the equipment providing such additional service to the Premises request that Landlord concurrently provide such service to such other tenants, the cost of Landlord’s providing such additional and concurrent service shall be prorated among all of the tenants requesting such service. Landlord shall have no obligation to provide any additional service to Tenant at any time Tenant is in default under this Lease unless Tenant pays to Landlord, in advance, the cost of such additional service. If any machinery or equipment which generates abnormal heat or otherwise creates unusual demands on the air-conditioning or heating system serving the Premises is used in the Premises and if Tenant has not, within five (5) days after demand from Landlord, taken a week during the times and in the manner that such steps, at Tenant’s expense, as shall be necessary to cease such adverse affect on services are customarily furnished in comparable office buildings in the air-conditioning or heating system, area. Landlord shall have not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the right to install supplemental air-conditioning or heating units in the Premises, and the full cost rental herein reserved be abated by ---------------/------------------- LANDLORD TENANT reason of such supplemental units (including the cost of acquisition, installation, operation, use and maintenance thereof) shall be paid by Tenant to Landlord in advance or on demand.
C. If Tenant’s requirements for or consumption of electricity exceed the capacities specified in clause (b) of Section 7.1A hereof, Landlord shall, at Tenant’s sole cost and expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises and shall bxxx Tenant periodically for such additional service and Tenant shall pay each such bxxx with the installment of Rent next due. The degree of such additional consumption and potential consumption by Tenant shall be determined at Landlord’s election, by either or both (a) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant, and (b) a separate meter in the Premises to be installed and maintained, and read by Landlord, all at Tenant’s sole cost and expense. Tenant shall not install any electrical equipment requiring special wiring unless approved in advance by Landlord. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s sole cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not (i) cause permanent damage the installation, use or injury to interruption of use of any equipment in connection with the Projectfurnishing of any of the foregoing service, the Building except as a result of Landlord's gross negligence or the Premiseswillful misconduct, (ii) failure to furnish or delay in furnishing any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises or to the Building, or other cause other than Landlord's gross negligence or create a dangerous willful misconduct, or hazardous condition, (iii) entail excessive the limitation, curtailment, rationing or unreasonable alterationsrestrictions on use of water, repairs electricity, gas or expenses any other form of energy serving the Premises or (iv) interfere with or disturb other tenants or occupants of the Building. Landlord shall use reasonable efforts diligently to remedy any interruption in the furnishing of such services.
Section 7.2 Landlord’s obligation to furnish electrical and 3.1.3 Whenever heat generating equipment or lighting other utility services shall be subject to than Building standard lights are used in the rules and regulations of Premises by Tenant which materially affect the supplier of such electricity or other utility services and temperature otherwise maintained by the rules and regulations of any municipal or other governmental authority regulating the business of providing electricity and other utility servicesair conditioning system, Landlord shall have the right, at Landlord’s option, upon not less than thirty after three (303) days’ prior written days notice to Tenant (provided such prior notice will be less if either Tenant, to install supplementary air conditioning facilities in the discontinuance Premises or otherwise modify the ventilating and air conditioning systems serving the Premises, and the cost of such service is required facilities and modifications shall be borne by applicable law or Landlord receives shorter notice from Tenant as Additional Rent. Tenant shall also pay, as Additional Rent, the utility company cost of providing electricity or other utility service), to discontinue electric or other utility services all cooling and heat energy to the Premises and arrange in excess of that required for a direct connection thereof through a public utility supplying such servicenormal office use or during hours requested by Tenant when air conditioning or heat is not otherwise furnished by Landlord. If Landlord gives Tenant installs lighting requiring power in excess of that required for normal office use in the Building, or if Tenant installs equipment requiring power in excess of that required for normal desk-top office equipment or normal copying equipment, Tenant shall pay for the cost of such notice of discontinuanceexcess power as Additional Rent, Landlord shall make all necessary arrangements together with the public utility supplying electric cost of installing any additional risers or other utility service directly to the Building facilities that may be necessary to furnish electric or other utility service such excess power to the Premises, and, unless prohibited by law or regulations of such public utility, Landlord shall not discontinue electric or other utility service to the Premises until such public utility is ready to supply service to the Premises. Tenant shall, however be responsible for contracting promptly and directly with such public utility supplying such service and for paying all deposits for, and all costs relating to, such service.
Section 7.3 No failure to furnish, or any stoppage of, the services referred to in this Article 7 resulting from any cause shall make Landlord liable in any respect for damages to any person, property or business, or be construed as an eviction of Tenant, or entitle Tenant to any abatement of Rent or other relief from any of Tenant’s obligations under this Lease. Should any malfunction of any systems or facilities occur within the Project or should maintenance or alterations of such systems or facilities become necessary, Landlord shall repair the same promptly and with reasonable diligence, and Tenant shall have no claim for rebate, abatement of Rent, or damages because of malfunctions or any such interruptions in service.
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SERVICES OF LANDLORD. A. During the Term, Landlord shall furnish Tenant with the following services: (a) hot and cold water in Building Standard bathrooms and chilled water in Building Standard drinking fountains; (b) electrical power sufficient for lighting the Premises and for the operation therein of typewriters, voicewriters, calculating machines, word processing equipment, photographic reproduction equipment, copying machines, personal computers computers, and similar items of business equipment which consume, in the aggregate, less than five four (54) wxxxx xxxxx per square foot of Net Rentable Area of the Premises and require a voltage of 120 volts single phase or less, (c) heating, ventilating or air-conditioning, as appropriate, during Business Hours at such temperatures and in such amounts as customarily and seasonally provided to tenants occupying comparable space in office buildings in the Atlanta, Georgia suburban areaHours; (d) electric lighting for the Common Areas of the Project; (e) passenger elevator service (if the Building has elevators)service, in common with others, for access to and from the Premises twenty-four (24) hours per day, seven (7) days day per week; provided, however, that Landlord shall have the right to limit the number of (but not cease to operate all) elevators to be operated for repairs and after Business Hours and on Saturdays, Sundays and Holidays; (f) janitorial cleaning services; (g) facilities for Tenant’s loading, unloading, delivery and pick-up activities, including access thereto during Business Hours, subject to the Rules and Regulations, the type of facilities, and other limitations of such loading facilities; (h) security services; and (hi) replacement, as necessary, of all Building Standard lamps and ballasts in Building Standard light fixtures within the Premises. All services referred to in this Section 7.1A 7.01A shall be provided by Landlord and paid for by Tenant as part of Tenant’s Operating Costs PaymentRent.
B. If Tenant requires air-conditioning, heating or other services, including cleaning services, routinely supplied by Landlord for hours or days in addition to the hours and days specified in Section 7.xX7.01A, Landlord shall make reasonable efforts to provide such additional service after reasonable prior written upon request therefore from Tenant, and Tenant shall reimburse Landlord for the cost of such additional service; provided however, that, if any other tenants in the Building served by the equipment providing . The current cost per hour of such additional service to the Premises request that Landlord concurrently provide such service to such other tenants, the cost of Landlord’s providing such additional and concurrent service shall be prorated among all of the tenants requesting such serviceis $27.50 per hour. Landlord shall have no obligation to provide any additional service to Tenant at any time Tenant is in default under this Lease unless Tenant pays to Landlord, in advance, the cost of such additional service. If .
C. Tenant shall not install any machinery or equipment which generates abnormal heat or otherwise creates unusual demands on the air-conditioning or heating system serving the Premises is used Premises. Tenant shall not install any electrical equipment requiring special wiring unless approved in advance by Landlord. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and if Tenant has not, within five (5) days after demand from Landlord, taken such steps, at Tenant’s expense, as shall be necessary risers to cease such adverse affect on the air-conditioning or heating system, Landlord shall have the right to install supplemental air-conditioning or heating units wiring in the Premises, and the full cost of such supplemental units (including the cost of acquisition, installation, operation, use and maintenance thereof) shall be paid by Tenant to Landlord in advance or on demand.
C. D. If Tenant’s requirements for or consumption of electricity exceed the capacities specified in clause (bSection 7.01A(b) of Section 7.1A hereof, Landlord shall, at Tenant’s sole cost and expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises and shall bxxx xxxx Tenant periodically for such additional service and Tenant shall pay each such bxxx with the installment of Rent next dueservice. The degree of such additional consumption and potential consumption by Tenant shall be determined at Landlord’s election, by either or both (a) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant, and (b) a separate meter in the Premises to be installed and installed, maintained, and read by Landlord, all at Tenant’s sole cost and expense. Tenant shall not install any electrical equipment requiring special wiring unless approved in advance by Landlord. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s sole cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not (i) cause permanent damage or injury to the Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses or (iv) interfere with or disturb other tenants or occupants of the Building.
Section 7.2 7.02. Landlord’s obligation to furnish electrical and other utility services shall be subject to the rules and regulations of the supplier of such electricity or of other utility services and the rules and regulations of any municipal or other governmental authority regulating the business of providing electricity and other utility services, Landlord shall have the right, at Landlord’s option, upon not less than thirty (30) days’ prior written notice to Tenant (provided such prior notice will be less if either the discontinuance of such service is required by applicable law or Landlord receives shorter notice from the utility company providing electricity or other utility service), to discontinue electric or other utility services to the Premises and arrange for a direct connection thereof through a public utility supplying such service. If Landlord gives such notice of discontinuance, Landlord shall make all necessary arrangements with the public utility supplying electric or other utility service directly to the Building to furnish electric or other utility service to the Premises, and, unless prohibited by law or regulations of such public utility, Landlord shall not discontinue electric or other utility service to the Premises until such public utility is ready to supply service to the Premises. Tenant shall, however be responsible for contracting promptly and directly with such public utility supplying such service and for paying all deposits for, and all costs relating to, such service.
Section 7.3 7.03. No failure to furnish, or any stoppage of, the services referred to in this Article 7 resulting from any cause shall make Landlord liable in any respect for damages to any person, property or business, or be construed as an eviction of Tenant, or entitle Tenant to any abatement of Rent or other relief from any of Tenant’s obligations under this Lease. Should any malfunction of any systems or facilities occur within the Project or should maintenance or alterations of such systems or facilities become necessary, Landlord shall repair the same promptly and with reasonable diligence, and Tenant shall have no claim for rebate, abatement of Rent, or damages because of malfunctions or any such interruptions in service.
7.04. Notwithstanding anything to the contrary herein contained, subject to Article 15 (Damage by Fire or Other Cause) and Article 16 (Condemnation), if Landlord should fail to provide or fail to restore a service within five (5) consecutive Business Days after the interruption or stoppage of such service from a cause within the reasonable control of Landlord and such failure makes the Premises or a portion thereof untenantable, and provided such interruption or stoppage was not caused by Tenant, Rent shall equitably xxxxx from the date of such interruption or stoppage until such time as the service is restored.
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Samples: Lease Agreement (Sigmatel Inc)
SERVICES OF LANDLORD. Section 6.1 A. During the TermTerm and subject to the other terms of this Lease, Landlord shall furnish Tenant with the following services: (a) hot and cold water in Building Standard (as defined in Exhibit D) bathrooms and chilled water in Building Standard drinking fountainsfountains and in Tenant’s kitchen or lunchroom area (in no event shall Landlord be obligated to furnish hot water to any area other than the Building Standard bathrooms); (b) electrical power from the utility supplier sufficient for Building Standard lighting and for business equipment in the Premises and for the operation therein of typewriters, voicewriters, calculating machines, word processing equipment, photographic reproduction equipment, copying machines, personal computers and similar items of business equipment which consume, in the aggregate, less than five six (56) wxxxx per square foot of Net Rentable Area of the Premises and require a voltage of 120 volts volt single phase or less, ; (c) heating, ventilating or air-conditioning, as appropriate, to the Premises and the Common Areas of the Project, during Business Hours at such temperatures and in such amounts as customarily and seasonally provided to tenants occupying comparable space in Class A office buildings of similar age and size in the Atlanta, Georgia suburban areaChicago area (“Class A Buildings”); (d) electric lighting for the Common Areas of the Project; (e) non-exclusive passenger elevator service (if the Building has elevators), in common with others, for access to and from the Premises twenty-four (24) hours per day, seven (7) days day per week; provided, however, that Landlord shall have the right to limit the number of (but not cease to operate all) elevators to be operated after Business Hours and on Saturdays, Sundays and Holidays; (f) janitorial cleaning servicesservices Monday through Friday, excluding Holidays; (g) non-exclusive facilities for Tenant’s loading, unloading, delivery loading and pick-up activities, including access thereto unloading activities during Business Hours, subject to the Rules and Regulations, the type of facilities, and other limitations of such loading facilities; and (h) replacement, as necessary, of all Building Standard lamps and ballasts in Building Standard light fixtures within the Premises, with Tenant to pay for all bulbs and ballasts and to purchase such bulbs and ballasts solely from Landlord at the price generally charged by Landlord for such items from time to time, provided such price shall not exceed the price then customarily being charged by landlords of other similar buildings in the Chicago Metropolitan area. All services referred to in this Section 7.1A 6.1A shall be provided by Landlord and paid for by Tenant as part of Tenant’s the Operating Costs Payment.
B. If Tenant requires air-conditioning, heating or other services, including cleaning services, routinely supplied by Landlord for hours or days in addition to than the hours costs of bulbs and days specified in Section 7.xX, Landlord shall make reasonable efforts to provide such additional service after reasonable prior written request therefore from Tenant, and Tenant shall reimburse Landlord for the cost of such additional service; provided however, that, if any other tenants in the Building served by the equipment providing such additional service to the Premises request that Landlord concurrently provide such service to such other tenants, the cost of Landlord’s providing such additional and concurrent service shall be prorated among all of the tenants requesting such service. Landlord shall have no obligation to provide any additional service to Tenant at any time Tenant is in default under this Lease unless Tenant pays to Landlord, in advance, the cost of such additional service. If any machinery or equipment ballasts which generates abnormal heat or otherwise creates unusual demands on the air-conditioning or heating system serving the Premises is used in the Premises and if Tenant has not, within five (5) days after demand from Landlord, taken such steps, at Tenant’s expense, as shall be necessary to cease such adverse affect on the air-conditioning or heating system, Landlord shall have the right to install supplemental air-conditioning or heating units in the Premises, and the full cost of such supplemental units (including the cost of acquisition, installation, operation, use and maintenance thereof) shall be are paid by Tenant to Landlord in advance or on demand.
C. If Tenant’s requirements for or consumption of electricity exceed the capacities specified in clause (b) of Section 7.1A hereof, Landlord shall, at Tenant’s sole cost and expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises and shall bxxx Tenant periodically for such additional service and Tenant shall pay each such bxxx with the installment of Rent next due. The degree of such additional consumption and potential consumption by Tenant shall be determined at Landlord’s election, by either or both (a) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant, and (b) a separate meter in the Premises to be installed and maintained, and read by Landlord, all at Tenant’s sole cost and expense. Tenant shall not install any electrical equipment requiring special wiring unless approved in advance by Landlord. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s sole cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not (i) cause permanent damage or injury to the Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses or (iv) interfere with or disturb other tenants or occupants of the Building.
Section 7.2 Landlord’s obligation to furnish electrical and other utility services shall be subject to the rules and regulations of the supplier of such electricity or other utility services and the rules and regulations of any municipal or other governmental authority regulating the business of providing electricity and other utility services, Landlord shall have the right, at Landlord’s option, upon not less than thirty (30) days’ prior written notice to Tenant (provided such prior notice will be less if either the discontinuance of such service is required by applicable law or Landlord receives shorter notice from the utility company providing electricity or other utility service), to discontinue electric or other utility services to the Premises and arrange for a direct connection thereof through a public utility supplying such service. If Landlord gives such notice of discontinuance, Landlord shall make all necessary arrangements with the public utility supplying electric or other utility service directly to the Building to furnish electric or other utility service to the Premises, and, unless prohibited by law or regulations of such public utility, Landlord shall not discontinue electric or other utility service to the Premises until such public utility is ready to supply service to the Premises. Tenant shall, however be responsible for contracting promptly and directly with such public utility supplying such service and for paying all deposits for, and all costs relating to, such serviceLandlord.
Section 7.3 No failure to furnish, or any stoppage of, the services referred to in this Article 7 resulting from any cause shall make Landlord liable in any respect for damages to any person, property or business, or be construed as an eviction of Tenant, or entitle Tenant to any abatement of Rent or other relief from any of Tenant’s obligations under this Lease. Should any malfunction of any systems or facilities occur within the Project or should maintenance or alterations of such systems or facilities become necessary, Landlord shall repair the same promptly and with reasonable diligence, and Tenant shall have no claim for rebate, abatement of Rent, or damages because of malfunctions or any such interruptions in service.
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