Common use of Services Provided by Landlord Clause in Contracts

Services Provided by Landlord. It is understood that the Landlord will provide the following services as a part of the Lease, which services will be provided at the Landlord’s expense: Janitorial service for Common Areas; Electricity for normal office use as determined in the sole discretion of the Landlord; HVAC; Common Area Maintenance; Use of the Building’s elevator (s); Use of the Building’s public restrooms. Notwithstanding the forgoing, Landlord reserves the right to separately 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 actual costs of said utilities. CONDITION OF THE DEMISED PREMISES Tenant has inspected or will inspect the Demised Premises, 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 inspection and not because of any representation, oral or written by 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 be conclusive evidence that Tenant accepts the same “AS-IS,” “WHERE-IS” and “WITH ALL FAULTS” and that the Demised Premises and the Office Building were in good and satisfactory condition at the time such possession was taken.

Appears in 1 contract

Samples: Office Building Lease Agreement

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Services Provided by Landlord. It is understood that 7.1 Landlord shall cause to be furnished to the Landlord will provide 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 Saturday (excluding National and State holidays), the following services; janitorial services (five (5) days a week after normal working hours), water (if available from city mains) for drinking, lavatory and toilet purposes, operatorless elevator service and heating and air conditioning for the 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 (“ASHRAE”) 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 general office machines, such as electric typewriters, desk top computers, word processing equipment, dictating equipment, adding machines and calculators, and general service non-production type office copy machines. So long as Tenant remains liable for the obligations of this Lease, 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 part result thereof. If Landlord now or in the future has the option of selecting from multiple providers of the Leasesame utility service or other supplier of services, which services will Tenant shall be provided at 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 expense: Janitorial service for Common Areas; Electricity for normal office use as determined in the sole discretion of the Landlord; HVAC; Common Area Maintenance; Use of the Building’s elevator (s); Use of the Building’s public restroomsmanager. Notwithstanding the forgoing, Landlord reserves shall have the right to separately meter enter and inspect the Demised Premises electricand all electrical devices therein from time to time, gasprovided 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, water 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 sewer or any combination thereof and reserves the right to require Tenant to pay those costs directly. In exchangeair conditioning system, Landlord and Tenant shall reduce cooperate in installing appropriate supplemental air conditioning units in the Additional Rent by Premises and the amount of actual costs of said utilities. CONDITION OF THE DEMISED PREMISES Tenant has inspected or will inspect the Demised Premisescost thereof, including the improvements theretocost of engineering and installation and the cost of operation and maintenance thereof, shall be paid by Tenant. Without otherwise limiting Tenant’s rights and Tenant agrees 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 lease Tenant. Notwithstanding anything herein to the Demised Premisescontrary, including any improvements thereto, “ASin 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-IS,” “WHERE-IS” and “WITH ALL FAULTS” 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 period commencing on the expiration of such inspection 96-hour period and ending at such time as Tenant is able to reasonably conduct Tenant’s business at the Premises during normal operating hours as contemplated by this Lease, provided that such abatement shall only be available to Tenant in the event such interruption is within Landlord’s dominion and control and not because beyond Landlord’s power as contemplated by the concept of any representation, oral or written by 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 be conclusive evidence that Tenant accepts the same “AS-IS,” “WHERE-IS” and “WITH ALL FAULTS” and that the Demised Premises and the Office Building were in good and satisfactory condition at the time such possession was takenUnavoidable Delays.

Appears in 1 contract

Samples: Commencement Agreement (Healthways, Inc)

Services Provided by Landlord. It is understood that (a) Landlord shall provide, (i) necessary passenger elevator facilities on business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 1:00 p.m. and have one elevator subject to call at all other times and a freight elevator on business days from 8:00 a.m. to 6:00 p.m. on a non-exclusive first come first served basis; ( ii) heat to the Premises when and as required by law, on business days from 8:00 a.m. to 6:00 p.m. and (iii) hot and cold water for ordinary lavatory and office pantry purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Landlord will provide shall be the following services sole judge), Landlord may install a water meter at Tenant’s expense which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair to register such water consumption and Tenant shall pay for water consumed as a part shown on said meter as additional rent as and when bills are rendered. Tenant acknowledges and agrees that, as of the Leasedate hereof, which the minimum charge for additional services will be provided (including, without limitation, freight elevator and air conditioning) is four (4) hours for non business hours and on Saturdays, Sundays and legal holidays and Landlord shall not provide heat on the weekend. Provided Tenant shall keep the Premises in order, Landlord, at the Landlord’s expense: Janitorial service for Common Areas; Electricity for normal office use as determined in , shall cause the sole discretion Premises to be cleaned, exclusive of any portions of the Landlord; HVAC; Common Area Maintenance; Use Premises used for the storage, preparation, service or consumption of food or beverage or otherwise requiring cleaning services in excess of those generally furnished to professional office areas. Tenant, at Tenant’s expense, shall cause all portions of the Building’s elevator (s); Use Premises used for the storage, preparation, service or consumption of the Building’s public restrooms. Notwithstanding the forgoing, Landlord reserves the right food or beverages to separately meter the Demised Premises electric, gas, water and sewer or any combination thereof and reserves the right be cleaned daily in a manner reasonably satisfactory to require Tenant to pay those costs directly. In exchange, Landlord shall reduce the Additional Rent by the amount of actual costs of said utilities. CONDITION OF THE DEMISED PREMISES Tenant has inspected or will inspect the Demised Premises, including the improvements theretoLandlord, and Tenant agrees to lease the Demised Premisesbe exterminated against infestation by vermin, including any improvements theretorodents or roaches regularly and, “AS-IS,” “WHERE-IS” and “WITH ALL FAULTS” as a result of such inspection and not because in addition, whenever there shall be evidence of any representationinfestation. Tenant shall not permit any person to enter the Premises or the Building for the purpose of providing cleaning or extermination services, oral or written other than persons first approved by 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 RESPECTSTenant hereby acknowledges that any cleaning contractor used for the Premises must be a union contractor. The taking of possession Any additional cleaning of the Demised Premises done by Tenant shall be conclusive evidence that performed in a manner reasonably satisfactory to Landlord. Landlord and its cleaning contractor and their employees shall have access to the Premises at all times, other than Building Hours (i.e., 8:00 a.m. to 5:00 p.m.). Landlord and its cleaning contractor and their employees shall have the use of Tenant’s light, power and water in the Premises, without charge therefor, as may be reasonably required for the purpose of cleaning the Premises. Tenant accepts shall pay to Landlord the same “AS-IS,” “WHERE-IS” cost of removal of any of Tenant’s refuse and “WITH ALL FAULTS” and that rubbish from the Demised Premises and the Office Building were to the extent that the same exceeds the refuse and rubbish normally accumulated in good the daily routine of ordinary business office occupancy. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and satisfactory condition at the time such possession was takenshall be due and payable within five (5) days of rendition as additional rent.

Appears in 1 contract

Samples: Agreement of Lease (Borderfree, Inc.)

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Services Provided by Landlord. It For so long as Tenant is understood that not in default under any of the covenants of this Lease, Landlord will provide shall provide: (a) full elevator service; (b) central heating, ventilating and air conditioning ("HVAC") to the following services Demised Premises when and as required on business days (holidays excepted) from 7 a.m. to 8 p.m. (weekdays) or 7 a.m. to 2:00 p.m. on Saturdays (and for more extended hours or on Saturday afternoon, Sundays or holidays at Landlord's published cost therefor from time to time in effect, which is $25.00 per hour at the date hereof); (c) water for ordinary lavatory and pantry purposes, but if Tenant uses or consumes water for any other purpose or otherwise consumes unusual quantities, Landlord may install a water meter at Tenant's expense (which Tenant shall thereafter maintain in good working order and repair at Tenant's expense) to register such water consumption and Tenant shall pay Landlord for water consumed as shown on said meter as Additional Rent as and when bills are rendered; (d) cleaning service for the common areas of the Building and the Demised Premises on business days (holidays excepted) as more specifically set forth in Exhibit 3 attached hereto and made a part hereof, provided that Tenant shall pay Landlord the cost of removal of any of Tenant's refuse and rubbish in excess of normal amounts for the Lease, which services will be provided at the Landlord’s expense: Janitorial service for Common Areas; Electricity for normal office use as determined average tenant in the sole discretion Building and for special cleaning services or cleaning services in excess of those set forth in said Exhibit 3; and (e) security systems and personnel for the Landlord; HVAC; Common Area Maintenance; Use of the Building’s elevator (s); Use of the Building’s public restroomsBuilding commensurate with that offered in comparable office buildings in Stamford, Connecticut. Notwithstanding the forgoing, Landlord reserves the right to separately meter the Demised Premises electricstop providing heating, gaselevators, water and sewer plumbing, air conditioning, electric power, cleaning or any combination other services, when necessary due to accident or for repairs, alterations, replacements or improvements necessary or desirable in the reasonable judgment of Landlord, for as long as may be reasonably required by reason thereof and reserves or by reason of strikes, accidents, laws, orders or regulations or any other reason beyond the right to require Tenant to pay those costs directly. In exchange, Landlord shall reduce the Additional Rent by the amount control of actual costs of said utilities. CONDITION OF THE DEMISED PREMISES Tenant has inspected or will inspect the Demised Premises, including the improvements theretoLandlord, and Tenant agrees to lease the Demised Premisesin any such case, including any improvements thereto, “AS-IS,” “WHERE-IS” and “WITH ALL FAULTS” as a result of such inspection and not because of any representation, oral or written by 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 conclusive evidence that Tenant accepts the same “AS-IS,” “WHERE-IS” and “WITH ALL FAULTS” and that the Demised Premises and the Office Building were in good and satisfactory condition at the time such possession was takenentitled to any abatement of Rent or any other offset whatsoever.

Appears in 1 contract

Samples: Marine Management Systems Inc

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