Services Provided by Landlord. (a) Pursuant to Section 10 above, Landlord shall furnish or cause to be furnished on or before the Commencement Date the following services: (i) Heating or air conditioning; provided that Tenant will be solely responsible to pay for the power to operate such heating and air conditioning on the Premises; (ii) Domestic running water for the operation of lavatories, ordinary drinking fountains at all times (but paid for by Tenant); (iii) 110-volt electric current for the office, warehouse and manufacturing portions of the Premises and 220-volt or 408-volt electric current for the manufacturing portion of the Premises, all as shown on Exhibit B; provided that Tenant will be solely responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of such utilities shall be Operating Costs pursuant to Section 6(b)(ii). (b) Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of any wiring installation in or to the Premises. (c) Landlord shall not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for breach of Section 21(a) above when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand, Landlord's compliance with any mandatory governmental energy conservation or environmental protection program or any other happening beyond the control of Landlord. Landlord shall not be liable for damages to person or property or for injury to, or interruption of, business for any discontinuance permitted under this Section 21, nor shall such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations hereunder, unless Landlord is negligent in its duties to maintain the heating and air conditioning system, the plumbing, and the electrical system.
Appears in 3 contracts
Samples: Lease (Brooks Automation Inc), Lease (Helix Technology Corp), Lease (Brooks Automation Inc)
Services Provided by Landlord. The provisions of this Article 27 are separate and distinct from the provisions of Article 30 hereof and are not intended to be elated to or affected by such provisions in any manner whatsoever.
27.01 Landlord shall provide necessary elevator facilities on business days from 8:00 AM to 6:00 PM and on Saturdays from 8: 00 AM to 12:00 PM
27.02 Landlord shall cause the space in the Demised Premises to be kept clean in accordance with the standards set forth in Exhibit C attached hereto and made a part hereof entitled "Cleaning Schedule." Landlord will furnish cleaning services for the public areas in the said building as hereinafter set forth.
(a) Pursuant to Section 10 above, Landlord shall will furnish or cause to be furnished on or before the Commencement Date the following services:
(i) Heating or air conditioning; provided that Tenant will be solely responsible to pay for the power to operate such heating and all electrical including air conditioning and heat and will use all reasonable care to keep the same in proper and efficient operating condition during the hours of 8:00 AM to 6:00 PM on the Premises;
(ii) Domestic running water for the operation of lavatories, ordinary drinking fountains at all times (but paid for by Tenant);
(iii) 110-volt electric current for the office, warehouse business days and manufacturing portions of the Premises and 220-volt or 408-volt electric current for the manufacturing portion of the Premises, all as shown 8:00 AM to 1:00 PM on Exhibit B; provided that Tenant will be solely responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of such utilities shall be Operating Costs pursuant to Section 6(b)(ii).Saturdays,
(b) Tenant covenants agrees to cooperate fully with Landlord and agrees that at to abide by all times its use the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of electric current shall never exceed the capacity of any wiring installation in or to the Premisessaid air conditioning system.
(c) In the event that repairs or alterations to the electrical system of the Building or the Demised Premises are necessary, is determined by the Landlord in its sole discretion, the said Tenant agrees that in such case the Landlord shall not have access to the Demised remises for such purpose. Overtime use of electric shall be liable billed monthly to Tenant or any other person, as Additional Rent at the rate of $25.00 per hour for direct or consequential damage, or otherwise, for breach each 1,000 gross square feet occupied by the Tenant.
27.04 Subject to the provisions of Section 21(a) above when Landlord uses reasonable diligence to supply such services. 25.01, Landlord reserves the right temporarily to discontinue such servicesstop service on the air conditioning, or any of themelevator, at such times as may be plumbing and electric systems when necessary by reason of accidentaccident or emergency, unavailability of employees, or repairs, alterations alterations, replacements, or improvements, strikes, lockouts, riots, acts provided that except in case of God, governmental preemption in connection with a national or local emergency, Landlord will notify Tenant in writing.
27.06 Subject at all times to the consent of the Landlord, in the event Tenant shall employ any rule, order or regulation of any governmental agency, conditions of supply and demand, Landlord's compliance with any mandatory governmental energy conservation or environmental protection program contractor to do in the Demised Premises work permitted by Section 23.01 or any other happening beyond the control provision of Landlordthis Lease, such contractor and any subcontractor shall agree to employ only such labor as will not result in jurisdictional disputes or strikes. Landlord agrees that such contractor or subcontractor shall have reasonable use of the Building facilities. Tenant will inform Landlord in writing of the names of any contractor. Any such contractor or subcontractor shall furnish Landlord with Certificates of Liability and Workmen's Compensation Insurance, in a form satisfactory to Landlord, prior to commencing any work in the Demised Premises or Building.
27.07 Landlord will not be liable for damages required to person furnish any other services, including but not limited to window or property or for injury to, or interruption of, business for any discontinuance permitted under other cleaning services except as otherwise provided in this Section 21, nor shall such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations hereunder, unless Landlord is negligent in its duties to maintain the heating and air conditioning system, the plumbingArticle 27, and the electrical systemcleaning specifications as set forth in Exhibit C hereof.
27.08 Landlord shall manage and maintain the Building as a first class office building. Tenant and its employees shall occupy and use the Demised Premises in a manner befitting such building.
Appears in 1 contract
Samples: Lease Agreement (Global Sources LTD)
Services Provided by Landlord. (a) Pursuant to Section 10 above, Landlord shall furnish or cause to be furnished on or before the Commencement Date the following services:
(ia) Heating or air conditioning; provided that Tenant will elevator service, which may be solely responsible to pay for the power to operate such heating reduced but not eliminated after business hours and air conditioning on the Premisesweekends and holidays as demand permits;
(ii) Domestic running water for the operation of lavatories, ordinary drinking fountains at all times (but paid for by Tenant);
(iii) 110-volt electric current for the office, warehouse and manufacturing portions of the Premises and 220-volt or 408-volt electric current for the manufacturing portion of the Premises, all as shown on Exhibit B; provided that Tenant will be solely responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of such utilities shall be Operating Costs pursuant to Section 6(b)(ii).
(b) Tenant covenants water for ordinary drinking, cleaning, lavatory and agrees that at all times its use of electric current shall never exceed the capacity of any wiring installation in or to the Premises.toilet facilities;
(c) repairs necessary to maintain the roof and other structural portions of the building and the common areas and facilities serving the premises (including without limitation the heating, ventilating, air conditioning, plumbing and electrical systems of the building) in good operating condition, subject to the provisions of Article X; and
(d) cleaning and janitor service equal in scope, quality and frequency to that provided in buildings of this type in the City of Boston. In addition, Landlord shall include Tenant’s name in the building’s lobby directory. Landlord shall not be liable to anyone for interruption in or cessation of any service rendered to the premises or building or agreed to by the terms of this lease, due to any accident, the making of repairs, alteration or improvements, labor difficulties, trouble in obtaining service or supplies from the sources from which they are usually obtained for the building, or any cause beyond Landlord’s control, nor shall any such interruption or cessation give rise to any claim in Tenant’s favor that Tenant has been evicted, either constructively or actively, partially or wholly. Landlord agrees, however, to use reasonable efforts to minimize, to the extent reasonably practicable, the impact of any such occurrences on any such services so provided. Notwithstanding the foregoing or any other personprovision of this lease to the contrary, for direct or consequential damage, or otherwise, for breach of Section 21(a) above when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand, Landlord's compliance with any mandatory governmental energy conservation or environmental protection program or any other happening beyond the control if on account of Landlord. Landlord ’s failure to furnish any such service, Tenant is unable for a period of five (5) consecutive business days (which shall not be liable for damages extended to person or property or for injury tofifteen (15) consecutive business days in the event that such failure is attributable to any cause beyond Landlord’s control) to conduct its permitted business activities in the premises substantially as contemplated hereby, or interruption of, business for any discontinuance permitted under this Section 21, nor then in such event Yearly Fixed Rent and additional rent shall equitably xxxxx thereafter so long as such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations hereunder, unless Landlord is negligent in its duties to maintain the heating and air conditioning system, the plumbing, and the electrical systeminability continues.
Appears in 1 contract
Services Provided by Landlord. (a) Pursuant to Section 10 aboveDuring the Term of this Lease and provided Tenant shall not be in default thereunder, Landlord shall furnish do or cause to be furnished on or before done the Commencement Date following: (a) maintain casualty and liability insurance with respect to the following services:
Property in such amounts and against such perils as Landlord shall deem reasonable; and (ib) Heating or air conditioning; provided that Tenant will be solely responsible make repairs necessary to pay for maintain the power to operate such heating roof and air conditioning on the Premises;
(ii) Domestic running water for the operation of lavatories, ordinary drinking fountains at all times (but paid for by Tenant);
(iii) 110-volt electric current for the office, warehouse and manufacturing structural portions of the Building and the common areas and facilities serving the Premises in good and tenantable condition, subject to damage by fire or casualty and to reasonable use and wear. The removal of snow and ice from the sidewalks bordering upon the Premises and 220from the parking areas at the Property shall be Landlord's responsibility except for Town-volt or 408-volt electric current owned sidewalks and ways and except for the manufacturing portion of immediate entry to the Premises, all as shown on Exhibit B; provided that which Tenant will be solely responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of such utilities shall be Operating Costs pursuant to Section 6(b)(ii).
(b) Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of any wiring installation assist in or to the Premises.
(c) cleaning. Landlord shall not be liable to Tenant anyone for interruption in or cessation of any other personservice rendered to the Premises, for direct the Building or consequential damagethe Property, or otherwiseagreed to by the terms of this Lease, for breach of Section 21(a) above when Landlord uses reasonable diligence due to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, unavailability the making of employees, repairs, alterations or improvements, strikeslabor difficulties, lockoutstrouble in obtaining service or supplies from the sources from which they are usually obtained, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand, cause beyond the Landlord's compliance with any mandatory governmental energy conservation or environmental protection program or any other happening beyond the control of Landlord. Landlord shall not be liable for damages to person or property or for injury to, or interruption of, business for any discontinuance permitted under this Section 21, control; nor shall any such discontinuance in any way be construed as an interruption or cessation constitute a whole or partial eviction of Tenant or cause a disturbance of Tenant's use, enjoyment or possession of the Premises, or entitle Tenant to any offset against or abatement of rent unless such interruption or cessation is caused by Landlord's gross negligence or willful misconduct and Landlord fails to restore such service within seventy-two (72) hours after receipt of written notice from Tenant of such interruption of service in which event Tenant's sole remedy shall be an abatement of rent or operate to release Tenant from any during the period of Tenant's obligations hereunder, unless such interruption until such time as such service is restored. Landlord is negligent in its duties shall use reasonable efforts to maintain the heating and air conditioning system, the plumbing, and the electrical system.continuous service including
Appears in 1 contract
Samples: Lease (Cambridge Neuroscience Inc)
Services Provided by Landlord. (a) Pursuant to Section 10 aboveAs long as Tenant is not in default hereunder, Landlord shall furnish or cause to be furnished on or before the Commencement Date the following services:
(i) Passenger elevator service for access to and egress from the Premises during ordinary Business Hours and subject to call at all other times (but paid for by Tenant proportionate to its percentage of Building Rentable Area);
(ii) Heating or air conditioning; provided that Tenant will be solely responsible to pay for the power to operate such heating and air conditioning on the PremisesPremises as such utilities will be separately metered;
(iiiii) Domestic running water for the operation of lavatories, ordinary drinking fountains in the Common Areas of the Building at all times (but paid for by TenantTenant proportionate to its percentage of Building Rentable Area;
(iv) Common Area janitorial services to be provided (but paid for by Tenant proportionate to its percentage of the Building Rentable Area);
(iiiv) Electric current for lighting the Premises and the Common Areas of the Building, for operating ordinary 110-volt electric current for the office, warehouse and manufacturing portions portable desk top office equipment of the Premises type normally used in executive offices, and for operating 220-volt or 408-volt electric current for the manufacturing portion of the Premises, all equipment only as shown indicated on Exhibit BC; provided that Tenant will be solely responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of Premises as such utilities shall will be Operating Costs pursuant to Section 6(b)(ii)separately metered.
(b) Tenant shall not use or consume water for any purpose other than ordinary lavatory and drinking purposes. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of any wiring installation in or to the Premises.
(c) Landlord shall not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for breach of Section 21(a) above any failure to supply any heating, air conditioning, elevator, janitor, lighting or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand, Landlord's ’s compliance with any voluntary or mandatory governmental energy conservation or environmental protection program or any other happening beyond the control of Landlord. Landlord shall not be liable for damages to person or property or for injury to, or interruption of, business for any discontinuance permitted under this Section 2119, nor shall such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's ’s obligations hereunder, unless Landlord is negligent in its duties to maintain the heating and air conditioning system, the plumbing, and the electrical system.
Appears in 1 contract
Services Provided by Landlord. Landlord, at all times during the term shall furnish the following services at Landlord's expense:
(a) Pursuant to Section 10 above, Landlord shall furnish or cause to be furnished on or before the Commencement Date the following services:
(i) Heating or air conditioning; provided that Tenant will be solely responsible to pay for the power to operate such Air conditioning and heating units and air conditioning on the Premises;
(ii) Domestic running water for the operation of lavatories, ordinary drinking fountains at all times (but paid for by Tenant);
(iii) 110-volt electric current for the office, warehouse and manufacturing portions of the Premises and 220-volt or 408-volt electric current for the manufacturing portion of to the Premises, all as shown on Exhibit B; provided that Tenant will be solely responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of such utilities which shall be Operating Costs pursuant properly hooked up to Section 6(b)(ii)utility services, and which shall be operable by Tenant. Tenant promptly shall pay directly to the utility companies all charges incurred in connection with the use any of any such unites or service. Tenant agrees that its use of electric current will not exceed the capacity of the feeders to the Building or the risers or wiring installed thereon. Tenant may not, at any time, reduce the heating to the Premises to create any risk that the pipes in and around the Premises would freeze.
(b) Domestic water and refuse service in common with other tenants. In the event that Tenant covenants makes greater use of water service or refuse disposal service than the usual and ordinary office use of such service, then Landlord may bill Xxxant for the additional cost of such increased use. Failure by Tenant to promptly pay Landlord's proper charges for excess water or refuse services shall give Landlord, upon not less than ten (10) days notice, the right, in addition to any other remedies available to Landlord, to discontinue furnishing the services, and no such discontinuance shall be deemed an eviction or disturbance of Tenant's use of the Premises or render Landlord liable for damages or relieve Tenant from performance of Tenant's obligations under this Lease. Tenant agrees that at all times Landlord and its use of electric current shall never exceed the capacity of any wiring installation in or to the Premises.
(c) Landlord employees and agents shall not be liable to Tenant or any other personin damages, for direct or consequential damage, by abatement of Rent or otherwise, unless the premises are unfit for breach their intended purpose, for failure to furnish or for delay in furnishing any service or performing any other term of Section 21(a) above this Lease when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such servicesfailure or delay is occasioned, in whole or any of themin part, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations renewals or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, by any rule, order or regulation of any governmental agency, conditions of supply and demand, Landlord's compliance with any mandatory governmental energy conservation or environmental protection program or any other happening cause beyond the reasonable control of Landlord. Landlord shall not be liable for damages to person or property or for injury to, or interruption of, business for any discontinuance permitted under this Section 21, nor shall such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations hereunder, unless Landlord is negligent in its duties to maintain the heating and air conditioning system, the plumbing, and the electrical system.
Appears in 1 contract
Samples: Office Lease Agreement (Syntel Inc)
Services Provided by Landlord. (a) Pursuant to Section 10 above, It is understood that the Landlord shall furnish or cause to be furnished on or before the Commencement Date will provide the following services:
(i) Heating or air conditioning; provided that Tenant services as a part of the Lease, which services will be solely responsible to pay provided at the Landlord’s expense: Janitorial service for Common Areas; Electricity for normal office use as determined in the power to operate such heating and air conditioning on the Premises;
(ii) Domestic running water for the operation of lavatories, ordinary drinking fountains at all times (but paid for by Tenant);
(iii) 110-volt electric current for the office, warehouse and manufacturing portions sole discretion of the Premises and 220-volt or 408-volt electric current for the manufacturing portion Landlord; HVAC; Common Area Maintenance; Use of the PremisesBuilding’s elevator (s); Use of the Building’s public restrooms. Notwithstanding the forgoing, all as shown on Exhibit B; provided that Tenant will be solely responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of such utilities shall be Operating Costs pursuant to Section 6(b)(ii).
(b) Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of any wiring installation in or to the Premises.
(c) Landlord shall not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for breach of Section 21(a) above when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such servicesseparately meter the Demised Premises electric, gas, water and sewer or any combination thereof and reserves the right to require Tenant to pay those costs directly. In exchange, Landlord shall reduce the Additional Rent by the amount of themactual costs of said utilities. CONDITION OF THE DEMISED PREMISES Tenant has inspected or will inspect the Demised Premises, at including the improvements thereto, and Tenant agrees to lease the Demised Premises, including any improvements thereto, “AS-IS,” “WHERE-IS” and “WITH ALL FAULTS” as a result of such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation inspection and not because of any governmental agencyrepresentation, conditions of supply and demand, Landlord's compliance with any mandatory governmental energy conservation oral or environmental protection program or any other happening beyond the control of written by Landlord. Landlord THE DEMISED PREMISES IS BEING LEASED WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CONDITION, DURABILITY AND ANY AND ALL SUCH WARRANTIES ARE DISCLAIMED IN ALL RESPECTS. The taking of possession of the Demised Premises by Tenant shall not be liable for damages to person or property or for injury to, or interruption of, business for any discontinuance permitted under this Section 21, nor shall such discontinuance in any way be construed as an eviction of conclusive evidence that Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations hereunder, unless Landlord is negligent in its duties to maintain accepts the heating same “AS-IS,” “WHERE-IS” and air conditioning system, “WITH ALL FAULTS” and that the plumbing, Demised Premises and the electrical systemOffice Building were in good and satisfactory condition at the time such possession was taken.
Appears in 1 contract
Samples: Office Building Lease Agreement
Services Provided by Landlord. (a) Pursuant to Section 10 above, 7.1 Landlord shall furnish or cause to be furnished to the Building, or as applicable, the Premises, during business hours of 7:00 A.M. to 7:00 P.M. Monday through Friday and 8:00 A.M. to 1:00 P.M. on or before the Commencement Date Saturday (excluding National and State holidays), the following services:
; janitorial services (ifive (5) Heating or air conditioning; provided that Tenant will be solely responsible to pay days a week after normal working hours), water (if available from city mains) for the power to operate such drinking, lavatory and toilet purposes, operatorless elevator service and heating and air conditioning on for the reasonably comfortable use and occupancy of the Premises;
, provided that heating and cooling conforming to the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ii“ASHRAE”) Domestic running water and any other governmental regulation prescribing limitations thereon shall be deemed to comply with this service. Landlord shall furnish the Premises with electricity for the maintenance of building standard lighting composed of 2’ x 4’ fixtures. Incandescent fixtures, table lamps, all lighting other than the aforesaid building standard, dimmers and all lighting controls other than controls for the aforesaid building standard lighting shall be serviced, replaced and maintained at Tenant’s expense. Landlord shall also furnish the Premises with electricity for all lighting and for the operation of lavatoriesgeneral office machines, ordinary drinking fountains at all times (but paid for by Tenant);
(iii) 110such as electric typewriters, desk top computers, word processing equipment, dictating equipment, adding machines and calculators, and general service non-volt electric current production type office copy machines. So long as Tenant remains liable for the officeobligations of this Lease, warehouse Landlord agrees to add, discontinue, increase or decrease any of the services provided pursuant to this Article 7 of the Lease upon request from Tenant provided Tenant shall pay all additional costs incurred as a result thereof. If Landlord now or in the future has the option of selecting from multiple providers of the same utility service or other supplier of services, Tenant shall be entitled to approve such providers or suppliers, such approval not to be unreasonably withheld, conditioned or delayed, but in no event shall Tenant have control of the identity of Landlord’s manager. Landlord shall have the right to enter and manufacturing portions of inspect the Premises and 220all electrical devices therein from time to time, provided that Landlord shall have no obligation to provide more than five (5) xxxxx per usable square foot of electricity for convenience outlets serving the Premises. Except as may be approved in the TI Plans, Tenant shall not install equipment with unusual demands for electricity, heating or air conditioning without Landlord’s prior written consent, which Landlord may withhold if Landlord determines that in Landlord’s opinion such equipment may not be safely used in the Premises or that electrical service is not adequate therefor. If heat generating machines or equipment or other intensive activities shall be used or carried on in the Premises by Tenant which affect the temperature otherwise maintained by the heating and air conditioning system, Landlord and Tenant shall cooperate in installing appropriate supplemental air conditioning units in the Premises and the cost thereof, including the cost of engineering and installation and the cost of operation and maintenance thereof, shall be paid by Tenant. Without otherwise limiting Tenant’s rights and remedies under the law, there shall be no abatement or reduction of Rent by reason of any of the foregoing services not being continuously provided to Tenant. Notwithstanding anything herein to the contrary, in the event Tenant’s ability to reasonably conduct Tenant’s business at the Premises during normal operating hours as contemplated by this Lease is interrupted for ninety-volt or 408-volt electric current six (96) continuous hours (inclusive of weekends) as a result of any of the foregoing services not being provided to Tenant, Base Rent shall xxxxx for the manufacturing portion period commencing on the expiration of such 96-hour period and ending at such time as Tenant is able to reasonably conduct Tenant’s business at the PremisesPremises during normal operating hours as contemplated by this Lease, all as shown on Exhibit B; provided that such abatement shall only be available to Tenant will be solely responsible to pay in the electric xxxx to operate event such systems on interruption is within Landlord’s dominion and control and not beyond Landlord’s power as contemplated by the Premises; After the Commencement Date, the costs concept of maintaining the availability of such utilities shall be Operating Costs pursuant to Section 6(b)(ii)Unavoidable Delays.
(b) 7.2 Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of promptly report to Landlord any wiring installation defective condition in or about the Premises known to the Premises.
(c) Tenant. Landlord shall not be liable to Tenant for any damage caused to Tenant and its property due to the Building or any other person, for direct part or consequential damageappurtenance thereof being or becoming out of repair, or otherwisearising from the leaking of gas, for breach of Section 21(a) above when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such serviceswater, sewer or steam pipes, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations from problems with electrical service except due to Landlord’s negligence or improvements, strikes, lockouts, riots, acts of God, governmental preemption willful misconduct in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand, Landlord's compliance with any mandatory governmental energy conservation or environmental protection program or any other happening beyond the control of Landlord. Landlord shall not be liable for damages to person or property or for injury to, or interruption of, business for any discontinuance permitted fulfilling its obligations under this Section 21, nor shall such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations hereunder, unless Landlord is negligent in its duties to maintain the heating and air conditioning system, the plumbing, and the electrical systemLease.
Appears in 1 contract
Samples: Office Lease (Healthways, Inc)
Services Provided by Landlord. (a) Pursuant to Section 10 aboveAs long as Tenant is not in default hereunder, Landlord shall furnish or cause to be furnished on or before the Commencement Date the following services:
(i) Passenger elevator service for access to and egress from the Premises during ordinary Business Hours and subject to call at all other times (but paid for by Tenant proportionate to its percentage of Building Rentable Area);
(ii) Heating or air conditioning; provided that Tenant will be solely ------------- responsible to pay for the power to operate such heating and air conditioning on the PremisesPremises as such utilities will be separately metered;
(iiiii) Domestic running water for the operation of lavatories, ordinary drinking fountains in the Common Areas of the Building at all times (but paid for by TenantTenant proportionate to its percentage of Building Rentable Area;
(iv) Common Area janitorial services to be provided (but paid for by Tenant proportionate to its percentage of the Building Rentable Area);
(iiiv) Electric current for lighting the Premises and the Common Areas of the Building, for operating ordinary 110-volt electric current for the office, warehouse and manufacturing portions portable desk top office equipment of the Premises type normally used in executive offices, and for operating 220-volt or 408-volt electric current for the manufacturing portion of the Premises, all equipment only as shown indicated on Exhibit BC; provided that Tenant will be solely ------------- responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of Premises as such utilities shall will be Operating Costs pursuant to Section 6(b)(ii)separately metered.
(b) Tenant shall not use or consume water for any purpose other than ordinary lavatory and drinking purposes. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of any wiring installation in or to the Premises.
(c) Landlord shall not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for breach of Section 21(a) above any failure to supply any heating, air conditioning, elevator, janitor, lighting or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be maybe necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand, Landlord's compliance with any voluntary or mandatory governmental energy conservation or environmental protection program or any other happening beyond the control of Landlord. Landlord shall not be liable for damages to person or property or for injury to, or interruption of, business for any discontinuance permitted under this Section 2119, nor shall such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations hereunder, unless Landlord is negligent in its duties to maintain the heating and air conditioning system, the plumbing, and the electrical system.
Appears in 1 contract
Services Provided by Landlord. 8. (aA) Pursuant to Section 10 above, Landlord shall furnish or cause to be furnished on or before the Commencement Date the following services:Repairs.
(i) Heating Except as required to be made by Tenant herein, Landlord shall make all repairs and replacements, structural and otherwise, necessary or air conditioningdesirable in order to keep in good order and repair all structural portions of the Building, the roof, foundation, footings, exterior walls, load bearing columns, floor slabs and Building systems. Tenant agrees to notify Landlord of the necessity of repairs of which Tenant may have knowledge, for which Landlord may be responsible. In performing any such repairs Landlord agrees to use commercially reasonable efforts to (a) perform the same with due diligence and continuity and (b) minimize interference with Tenant’s use and occupancy of the Premises; provided that in no event shall Landlord be required to utilize overtime or premium pay labor or incur any extraordinary costs in connection therewith unless Tenant will be solely responsible shall request that Landlord perform the same on an overtime or premium pay basis and Tenant shall agree to pay reimburse Landlord for the power same, in which event Tenant shall pay to operate Landlord an amount equal to all reasonable costs and expenses incurred by Landlord to perform such heating and air conditioning work or repairs on the Premises;an overtime basis, as additional rent within twenty (20) days after demand.
(ii) Domestic running water for Tenant shall, throughout the operation term of lavatoriesthis Lease, ordinary drinking fountains take good care of the Premises and the fixtures and appurtenances therein, and all electrical, plumbing, HVAC systems (or portions thereof) installed by Tenant or otherwise exclusively located within and serving the Premises and at Tenant’s sole cost and expense, make all times repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. The term “appurtenances” in this Article 8 shall include (but paid for a) all horizontal portions of the systems and facilities of the Building within or exclusively serving the Premises, including, without limitation, any Tenant’s HVAC System (as hereinafter defined), ductwork, VAV boxes and light fixtures and (b) all Alterations made by or on behalf of Tenant or any person claiming through Tenant);.
(iii) 110Notwithstanding anything to the contrary contained herein, all damage to the Premises or to any other part of the Building, whether requiring structural or non-volt electric current structural repairs, caused by or resulting from (a) the neglect or improper conduct of Tenant or Tenant’s employees, invitees, agents or licensees, (b) as a result of any Alterations, and/or (c) the moving of Tenant’s fixtures, furniture or equipment shall be repaired promptly by Tenant at its sole cost and expense, to the reasonable satisfaction of Landlord. All repairs by Tenant hereunder shall be of quality or class equal to the original work or construction. If Tenant fails after thirty (30) days’ notice to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord at the expense of Tenant and the expense thereof incurred by Landlord shall be collectible as additional rent upon demand. Except as specifically provided in Article 13 of this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs or Alterations. Notwithstanding anything to the contrary contained herein, in the event that as a result of any failure by Landlord to make repairs or provide services required under this Lease, or the making of any repairs or alterations required or permitted to be made by Landlord under this Lease, or any default by Landlord under this Lease, Tenant is unable to occupy the Premises (or any material portion thereof) for the office, warehouse ordinary conduct of its business for more than seven (7) consecutive business days (and manufacturing portions of Tenant shall actually vacate the Premises or such portion), then provided Tenant is not in default hereunder beyond the expiration of any applicable notice and 220-volt cure period and provided further that such repairs are not due to or 408-volt electric current arising out of acts or omissions of Tenant or Tenant’s Agents, then the rent hereunder shall be totally abated (or partially abated for a partial untenantability on an equitable basis) for each day that Tenant shall not occupy the Premises (or such portion thereof) for the manufacturing ordinary conduct of its business commencing with the day immediately following such seven (7) business day period and ending on the date Tenant shall reoccupy all or any portion of the Premises, all as shown on Exhibit B; provided that Tenant will be solely responsible . The provisions of this Article 8 with respect to pay the electric xxxx to operate such systems on making of repairs shall not apply in the Premises; After the Commencement Date, the costs case of maintaining the availability of such utilities shall be Operating Costs pursuant to Section 6(b)(ii)fire or other casualty which are dealt with in Article 13 hereof.
(biv) Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of any wiring installation in or to the Premises.
(c) Landlord shall not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for breach of Section 21(a) above when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily upon reasonable prior notice (at least twenty (24) hours unless in an event of emergency) to discontinue such stop or reduce service of any of the elevator, plumbing, Building HVAC, sanitary, sprinkler, water, power or other Building systems or cleaning or other services, or any of themif any, at such times as may be when necessary by reason of accident, unavailability of employees, accident or for repairs, alterations alterations, replacements or improvementsimprovements necessary or desirable to the Building, strikesthe Premises, lockouts, riots, acts or Building for as long as may be reasonably required by reason thereof or by reason of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand, Landlord's compliance with any mandatory governmental energy conservation or environmental protection program or any other happening beyond the control of LandlordForce Majeure. Landlord shall not be liable for damages use reasonable efforts to person minimize the duration of such stoppage or property or for injury toreduction of service, or interruption of, business for any discontinuance permitted under this Section 21, nor shall such discontinuance without in any way be construed event being obligated to employ overtime labor or to incur any extraordinary costs in connection therewith unless Tenant shall request that Landlord perform the same on an overtime or premium basis and Tenant shall agree to reimburse Landlord for the same, in which event Tenant shall pay to Landlord an amount equal to all reasonable costs and expenses incurred by Landlord to perform such work or repairs on an overtime basis as an eviction of Tenant or cause an abatement of additional rent or operate to release Tenant from any of Tenant's obligations hereunder, unless Landlord is negligent in its duties to maintain the heating and air conditioning system, the plumbing, and the electrical systemwithin twenty (20) days after demand.
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Samples: Lease Agreement (CIFC Corp.)
Services Provided by Landlord. (a) Pursuant a. Subject to the terms of Section 10 above21 hereof, Landlord shall furnish or cause will provide Tenant with substantially the same services that Landlord provides to other occupants of the Building ("Services"). Services to be furnished on provided by Landlord may, at Landlord's sole discretion, be provided, in whole or before the Commencement Date the following services:
(i) Heating in part, by affiliates, subsidiaries, contractors or air conditioning; vendors of Landlord. If Services are currently provided that Tenant will be solely responsible to pay for the power to operate such heating and air conditioning on the Premises;
(ii) Domestic running water for the operation by employees of lavatoriesLandlord, ordinary drinking fountains at all times (but paid for by Tenant);
(iii) 110-volt electric current for the office, warehouse and manufacturing portions of the Premises and 220-volt or 408-volt electric current for the manufacturing portion of the Premises, all as shown on Exhibit B; provided that Tenant will be solely responsible to pay the electric xxxx to operate such systems on the Premises; After the Commencement Date, the costs of maintaining the availability of such utilities shall be Operating Costs pursuant to Section 6(b)(ii).
(b) Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of any wiring installation in or to the Premises.
(c) then Landlord shall not be liable obligated to hire additional employees to perform the Services. Tenant or agrees that all third parties which currently provide any other person, for direct or consequential damage, or otherwise, for breach of Section 21(a) above when Landlord uses reasonable diligence to supply such servicesServices are acceptable. Landlord reserves shall provide Services to the right temporarily extent, quantity, and quality that it provides such services as of the Commencement Date of this Lease and shall not be required to discontinue such servicesprovide a level of Services which is greater than that provided immediately prior to the Commencement Date of this Lease. Landlord shall not be required to provide any Services to the extent that, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand, the Landlord's compliance with any mandatory governmental energy conservation reasonable judgment, (i) the performance of such services becomes unnecessary for Landlord's business operations at the Building and the cessation of such service would not materially diminish Tenant's use and enjoyment of the Premises; (ii) the performance of such Services becomes commercially impractical as a result of a cause or environmental protection program or any other happening beyond causes outside the reasonable control of Landlord; or (iii) to the extent the performance of such Services would require Landlord to violate any Legal Requirements. Landlord shall not be liable for damages any delay or failure of performance to person the extent such delay or failure is caused by circumstances beyond its reasonable control, provided that Landlord uses commercially reasonable efforts to overcome such circumstances. LANDLORD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND LANDLORD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES TO BE PROVIDED HEREUNDER.
b. Landlord shall give Tenant written notice (a "Vendor Contract Notice") before entering into any new contracts with service providers or vendors, or renewing or extending existing contractual arrangements with existing service providers or vendors for Business Services. Tenant shall have the right, at that time, to elect not to utilize the Business Services which are the subject of Landlord's Vendor Contract Notice, provided that if Tenant does not so elect by delivery of written notice to Landlord on or before the fifteenth (15th) business day following receipt of a Vendor Contract Notice, Tenant may not exercise its right to terminate such Business Service pursuant to Section 7(b) hereof until such time as Tenant shall receive a subsequent Vendor Contract Notice with respect thereto. Landlord shall endeavor to give Tenant as much notice as reasonably possible before entering into new contracts with service providers or vendors, or renewing or extending existing contractual arrangements with existing service providers or vendors for Business Services, but in any event not less than fifteen (15) business days. If Tenant fails to respond to Landlord's Vendor Contract Notice, Tenant shall be deemed to have waived its election not to utilize the Business Service which is the subject of the Vendor Contract Notice for the term of the contract with such service provider or vendor. If Tenant shall exercise its right not to utilize any Business Service, Tenant shall have the right to procure such Business Services for itself, and Landlord shall use commercially reasonable efforts to facilitate Tenant's use of third party service providers and vendors (referred to herein as "Tenant's Vendors"), subject to the following conditions:
(i) Landlord shall have the right to impose on Tenant's Vendors reasonable restrictions and scheduling requirements with respect to access to the building, use of the Building (including, without limitation, use of driveways, loading dock, freight elevator, use common areas, storage rooms and corridors), and scheduling of deliveries and pick-ups; and
(ii) Tenant shall be solely responsible for Tenant's Vendors, including, without limitation, any bodily injury or property damage caused by or for injury to, or interruption of, business for any discontinuance permitted under this Section 21, nor shall such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any arising out of Tenant's obligations hereunderVendors use of the Building.
c. Subject to the terms of Subsection 8(a) hereof, unless Landlord is negligent shall not be required to provide to Tenant (i) any services which Landlord does not provide to other occupants of the Building, or (ii) services to the extent that the cost of providing such services exceeds in its duties the future the cost of providing such services as of the Commencement Date as the result of, and only to maintain the heating extent caused by, an organizational or operational change by Tenant (such services described in clauses (i) and air conditioning system(ii) are referred to herein collectively as "Additional Services"). Additional Services also shall include, without limitation, the plumbingitems set forth in Exhibit "F" attached hereto. Upon written request by Tenant, Landlord shall have the right, but not the obligation, to provide the requested Additional Services at the rate which reasonably reflects the expense to Landlord to provide such Additional Services, and in the case of Additional Services under clause (ii) of the preceding sentence, continue to provide the service but at an increased rate which reasonably reflects the increased cost to Landlord of providing such service (the cost and expense associated with such Additional Services are referred to herein collectively as "Additional Charges"). If Landlord elects not to provide the Additional Services requested by Tenant, Tenant shall have the right to procure the Additional Services for itself, subject to the terms and conditions set forth in clause (i) and clause (ii) of Subsection 8(b) above. Additional Charges shall constitute Additional Rent under this Lease. In the event Landlord elects to provide any Additional Services, Landlord shall issue to Tenant a service work order, and Landlord shall separately identify Additional Charges on the monthly invoice for Rent.
d. Tenant shall provide to Landlord on a timely basis any and all information which may be necessary for Landlord to provide the Services. Tenant shall be solely responsible for the timely delivery of such information, and the electrical systemaccuracy and completeness thereof.
e. The charges for any Services which are not included in the monthly Rent on a one-twelfth (1/12) annual charge basis will be billed by Landlord to Tenant not more often than monthly and Tenant shall pay bills within thirty (30) days after the date they are billed.
f. Any sales, value added, or similar taxes imposed on the Service (including, without limitation, any telephone surcharge or tax imposed by the City of Lake Forest with respect to telephone usage) shall be paid by Tenant to Landlord in addition to the charges for the services.
g. Notwithstanding any other provision of this Lease to the contrary, the parties may, by mutual agreement in writing, increase or decrease the charges for the Services and, may add, delete, or modify the Services.
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