Common use of SERVICES OF LANDLORD Clause in Contracts

SERVICES OF LANDLORD. III.1.1 Landlord shall maintain the public and common areas of the Building, including lobbies, stairs, elevators, corridors and restrooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the roof (subject to Tenant's obligations under Exhibit H hereto) and 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. III.1.2 Landlord shall furnish the Premises with (a) elevator service, if applicable, and (b) window washing with reasonable frequency. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, unless caused by Landlord's gross negligence or willful 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 willful malfeasance, (iii) the limitation, curtailment, rationing or restrictions on use of water, electricity (for common areas only), gas or any other form of energy serving the Premises or the Building, unless caused by Landlord's gross negligence or willful misconduct, and (iv) if Landlord and Tenant have entered into an agreement whereby Tenant uses Landlord's Backup Generator, the failure of such Backup Generator to perform as specified except due to the gross negligence or willful misconduct of Landlord. Landlord shall use reasonable efforts diligently to remedy any interruption in the furnishing of such services. In the event any such interruption continues for more than ten (10) Business Days, Tenant may xxxxx Rent by 10% of the monthly Rent for each subsequent Business Day thereafter that such services are interrupted

SERVICES OF LANDLORD. III.1.1 Landlord shall maintain furnish reasonably adequate electric current, elevator service, water and lavatory supplies during normal business hours, and normal and usual cleaning and janitorial service for the public Premises and common areas Building Common Areas only after business hours. Landlord further agrees to furnish heat and air conditioning in its reasonable judgment sufficient to reasonably cool or heat the Premises from 8:00 a.m. to 6:00 p.m., Mondays through Fridays, inclusive; and from 9:00 a.m. to 1:00 p.m., Saturdays (said services not being furnished on Sundays or legal holidays), provided, however, that Landlord shall not be liable for failure to furnish or for suspension or delay in furnishing such services clue to breakdown, maintenance, or repair work, strike, riot, civil commotion, governmental action or any other cause beyond the reasonable control of the BuildingLandlord, including lobbies, stairs, elevators, corridors and restrooms, the windows or for interruptions of service for reasonable periods in connection with construction work being performed in the Building, notwithstanding, Landlord shall use reasonable efforts not to affect Tenant's use of Building/Premises as a result of above. Interruption of service(s) that continues beyond three (3) consecutive days shall entitle Tenant to an abatement of rent. . If Landlord defaults in its obligations to maintain and repair the mechanical, plumbing and electrical equipment serving Premises in accordance with the Buildingprovisions of this Lease, and the roof (subject to such failure of Landlord will have a material adverse effect on Tenant's obligations under Exhibit H heretoability to operate its business in the Premises, and any such failure continues for a period in excess of Thirty (30) days after Landlord receives Tenant's written notice of such default, then Tenant may, at its option and structure itself in reasonably good order at its risk, perform any such maintenance or repairs; provided, however, that if any such default of Landlord cannot with due diligence and condition except for damage occasioned commercially reasonable efforts be cured by Landlord within the act thirty (30) day period after receipt of Tenant's notice, which damage the period for cure by Landlord shall be repaired extended if, within such thirty (30) day period Landlord commences and thereafter diligently pursues the cure of any such default. . If Tenant elects to cure a default of Landlord, then the reasonable costs incurred by Tenant in curing any default of Landlord at Tenant's expense. III.1.2 Landlord shall furnish the Premises in accordance with (a) elevator service, if applicable, and paragraph (b) window washing with reasonable frequency. above shall be reimbursed to Tenant by Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason within thirty days after Landlord's receipt of (i) Tenant's invoice for such costs, and (ii) copies of paid invoices for all such work or expenses incurred, and (iii) if applicable, lien waivers from all contractors, subcontractors, material suppliers or other parties having lien rights involved in the installationperformance of such work. Tenant shall defend, use or interruption of use of indemnify and save Landlord harmless from and against any equipment and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to or interference with property or the furnishing premises of other tenants arising from or out of any exercise of any rights granted to Tenant under this Article 17. . Pursuit of any of the foregoing servicesremedies shall not preclude Tenant from pursuing any other remedies herein or at law or in equity provided, unless caused nor shall pursuit of any remedy by Tenant constitute a forfeiture or waiver of any amount due to Tenant hereunder or of any damages accruing to Tenant by reason of Landlord's gross negligence or willful misconductviolation of any of the covenants and provisions of this Lease. . If Landlord defaults in its obligations to maintain and repair the Building in accordance with the provisions of this Lease, (ii) and such failure of Landlord will have a material adverse effect on Tenant's ability to furnish or delay operate its business in furnishing the Premises, and any such services when failure continues for a period in excess of thirty (30) days after Landlord receives Tenant's written notice of such failure default, then Tenant may pursue any remedy available at law or delay is caused by accident or in equity with respect to such default of Landlord; provided, however, that if any condition beyond the reasonable control such default of Landlord or cannot with due diligence and commercially reasonable efforts be cured by Landlord within the making thirty (30) day period after receipt of necessary repairs or improvements to the Premises or to the Building, or other cause other than LandlordTenant's gross negligence or willful malfeasance, (iii) the limitation, curtailment, rationing or restrictions on use of water, electricity (for common areas only), gas or any other form of energy serving the Premises or the Building, unless caused by Landlord's gross negligence or willful misconduct, and (iv) if Landlord and Tenant have entered into an agreement whereby Tenant uses Landlord's Backup Generatornotice, the failure of such Backup Generator to perform as specified except due to the gross negligence or willful misconduct of Landlord. period for cure by Landlord shall use reasonable efforts be extended if, within such thirty (30) day period Landlord commences and thereafter diligently to remedy any interruption in pursues the furnishing cure of such services. In the event any such interruption continues for more than ten (10) Business Days, Tenant may xxxxx Rent by 10% of the monthly Rent for each subsequent Business Day thereafter that such services are interrupteddefault.

SERVICES OF LANDLORD. III.1.1 A. Landlord covenants that it will, at the proper season, from 8:00 o'clock A.M. to 6:00 P.M. Monday through Friday and Saturdays from 8:00 A.M until 1:00 P.M. (Holidays excepted) furnish electric power as provided herein water, heat and air conditioning sufficient in Landlords judgment to keep the premises comfortable for use and occupation, Further, Landlord shall maintain make every effort to comply with governmental guidelines regarding energy conservation and temperature regulation. Tenant shall be permitted at least one "3 hr override" per day to cool or beat space additional hours. B. Landlord will furnish electric power only for lighting purposes and operating small business machines such as small computers, copiers and fax machines. Electric power, and installations for any and all other equipment beyond those stated on Exhibits "B" and "C" shall be at Tenants sole cost and expense. C. Landlord will cause the public Premises and common areas Building to be cleaned and generally cared for by its janitor in accordance with the standards of the Building, including lobbiesfive days weekly, stairs, elevators, corridors and restrooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the roof (subject to Tenant's obligations under Exhibit H hereto) and 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 expenseexcluding Holidays. III.1.2 Landlord shall furnish the Premises with (a) elevator service, if applicable, and (b) window washing with reasonable frequency. D. Landlord shall not be liable in default hereunder damages by abatement of rent, or be liable otherwise, for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, unless caused by Landlord's gross negligence or willful misconduct, (ii) failure to furnish or delay in furnishing electric power, heat, air conditioning, water or janitorial service when such failure to furnish or delay in furnishing is caused, in whole or in part, by the need for repairs, a strike or labor controversy, the inability to secure fuel for the building, any, accident or casualty, unauthorized act or default by janitors, other tenants, Tenant, or employees of Landlord, or any such services when cause beyond reasonable control of landlord. Any such failure or delay is caused by accident or in furnishing any condition beyond the reasonable control service shall be without liability of Landlord to Tenant and shall not be deemed to be an eviction or by the making disturbance in any manner or Tenants use and possession of necessary repairs or improvements to the Premises or relieve Tenant from its obligation to pay Rent when due or from any other obligation hereunder. Nor shall Landlord be liable for injury to persons or property caused by any defects in the Buildingheating, air conditioning, electric power or other cause other than Landlord's gross negligence water system or willful malfeasancearising out of failure to furnish heating, (iii) the limitationair conditioning, curtailment, rationing or restrictions on use of water, electricity (for common areas only), gas or any other form of energy serving the Premises or the Building, unless caused by Landlord's gross negligence or willful misconductelectric power, and (iv) if Landlord and Tenant have entered into an agreement whereby Tenant uses Landlord's Backup Generator, the failure of such Backup Generator to perform as specified except due to the gross negligence or willful misconduct of Landlord. Landlord shall use reasonable efforts diligently to remedy any interruption in the furnishing of such services. In the event any such interruption continues for more than ten (10) Business Days, Tenant may xxxxx Rent by 10% of the monthly Rent for each subsequent Business Day thereafter that such services are interruptedjanitorial service.

SERVICES OF LANDLORD. III.1.1 Landlord shall maintain the public and common areas of the Building, including lobbies, stairs, elevators, corridors and restrooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the roof (subject to Tenant's obligations under Exhibit H hereto) and 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. III.1.2 Landlord shall furnish the Premises with with (a) elevator service, if applicable, and (b) lighting replacement (for building standard lights), (c) window washing with reasonable frequency. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, unless caused by Landlord's gross negligence or willful misconduct, (ii) failure to furnish or delay in furnishing any such services when such failure or delay is in 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 willful malfeasance, (iii) the limitation, curtailment, rationing or restrictions on use of water, electricity (for common areas only)electricity, gas or any other form of energy serving the Premises or the Building, unless caused by Landlordnecessary to furnish any of the foregoing services, provided the failure of Landlord to provide such services for a period of time in excess of forty eight (48) continuous hours shall result in the abatement of Rent on the basis of one day's gross negligence or willful misconduct, Rent for each day such services are not provided and (iv) if Landlord and Tenant have entered into an agreement whereby Tenant uses Landlord's Backup Generator, the failure of such Backup Generator to perform as specified except due to the gross negligence or willful misconduct of Landlord. Landlord shall use reasonable efforts diligently to remedy any interruption in the furnishing of such services. In the event any such interruption continues for more than ten (10) Business Days, Tenant may xxxxx Rent by 10% of the monthly Rent for each subsequent Business Day thereafter that such services are interrupted.