Services Provided by Lessor. (a) Lessor shall provide the following utilities and services to or for the Premises: (i) Hot and cold water and lavatory supplies at those points of supply provided for the general use of all tenants in the Building; (ii) Hot and cold water at those points of supply within the Premises which exist on the date of this Lease; (iii) Heat and air-conditioning in season, Monday through Friday from 8:00 A.M. to 6:00 P.M., and on Saturday from 8:00 A.M. to 1:00 P.M., except for New Years Day, Memorial Day (on the date federally observed), July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. Lessor shall provide heat and air conditioning to the Premises at additional times if so requested by Lessee at least seventy-two (72) hours in advance. Lessor shall be entitled to charge Lessee for said after-hours services the same rate it charges other tenants, which is $50.00 per hour on the date of execution of this Lease. Lessor reserves the right, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event shall the rate per hour charged Lessee be more than the rate per hour charged other tenants; (iv) Maintenance of the Common Areas (as defined herein) in good condition and repair; (v) Electricity for any fixtures of Lessor located in the Premises or Common Areas on the date hereof (and any replacements thereof) and for equipment and machinery of Lessee which comply with the provisions of this Lease. (vi) Replacement of lights for building standard lights. (vii) Trash removal from the loading dock area of the Building. (viii) Window washing and janitor services in a manner such services are customarily furnished to comparable office buildings. Lessee shall be responsible for obtaining all other utilities and services required by Lessee, and shall pay directly all costs and charges therefor. (b) Unless caused by Lessor's willful misconduct or gross negligence that materially interferes with the use of the Premises as general office space, Lessor's inability to furnish, to any extent, the foregoing services, or any cessation thereof, resulting from any causes, shall not render Lessor liable for damages to either person or property, nor be construed as an eviction of Lessee nor work an abatement of any portion of the rent, nor relieve Lessee from fulfillment of any covenant or agreement hereof. Lessor shall use reasonable diligence to restore said services promptly. (c) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT AND SHALL NOT BE REQUIRED TO FURNISH ANY SECURITY SERVICES OR SECURITY PERSONNEL ON OR WITH RESPECT TO THE COMMON AREAS, THE BUILDING, OR THE LAND UPON WHICH IT IS LOCATED.
Appears in 2 contracts
Samples: Commercial Space Lease Agreement (Elastic Networks Inc), Commercial Space Lease Agreement (Elastic Networks Inc)
Services Provided by Lessor. Lessor agrees to furnish the following services “Services”) with respect to the Leased Premises and the Common Areas;
(a) Lessor shall provide the following utilities and services to or Potable water service for the Premises:
(i) Hot and cold water drinking and lavatory supplies at those points of supply provided for the general use of all tenants in the Building;
(ii) Hot and cold water at those points of supply within the Premises which exist on the date of this Lease;
(iii) Heat and air-conditioning in season, Monday through Friday from 8:00 A.M. to 6:00 P.M., and on Saturday from 8:00 A.M. to 1:00 P.M., except for New Years Day, Memorial Day (on the date federally observed), July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. Lessor shall provide heat and air conditioning to the Premises at additional times if so requested by Lessee at least seventy-two (72) hours in advance. Lessor shall be entitled to charge Lessee for said after-hours services the same rate it charges other tenants, which is $50.00 per hour on the date of execution of this Lease. Lessor reserves the right, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event shall the rate per hour charged Lessee be more than the rate per hour charged other tenants;
(iv) Maintenance of the Common Areas (as defined herein) in good condition and repair;
(v) Electricity for any fixtures of Lessor located in the Premises or Common Areas on the date hereof (and any replacements thereof) and for equipment and machinery of Lessee which comply with the provisions of this Lease.
(vi) Replacement of lights for building standard lights.
(vii) Trash removal from the loading dock area of the Building.
(viii) Window washing and janitor services in a manner such services are customarily furnished to comparable office buildings. Lessee shall be responsible for obtaining all other utilities and services required by Lessee, and shall pay directly all costs and charges thereforpurposes.
(b) Unless caused by Lessor's willful misconduct or gross negligence that materially interferes with Electric utility service to the use Leased Premises for the operation of standard lighting fixtures and general office equipment, including computers and general service non-production type office cops machines (subject to Lessees payment of the utility service fees therefor); provided, however, that Lessor shall have no obligation to provide electric utility services in excess of that customarily required for the number of convenience outlets and electrical circuits existing in the Leased Premises as general office spaceof the Effective Date hereof. if Lessee requires electrical services in excess of that deemed by Lessor to be standard, Lessor's inability to furnishsuch services may he provided upon such conditions as Lessor may reasonably determine (including, to any extentwithout limitation, the foregoing servicesrequirement that sub meters be installed at Lessee’s expense), and Lessee shall bear the entire cost of such excess Service based upon actual consumption (if sub metered) or any cessation thereof, resulting from any causes, shall not render Lessor liable for damages to either person or property, nor be construed as an eviction of Lessee nor work an abatement of any portion Lessors reasonable estimate of the rent, nor relieve Lessee from fulfillment cost of any covenant or agreement hereof. Lessor shall use reasonable diligence to restore said services promptlysuch excess service.
(c) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT AND SHALL NOT BE REQUIRED TO FURNISH ANY SECURITY SERVICES OR SECURITY PERSONNEL ON OR WITH RESPECT TO THE COMMON AREASHeating and air conditioning for the reasonably comfortable use and occupancy of the Leased Premises within an acceptable temperature range, THE BUILDINGas determined by Lessor in its sole reasonable discretion; provided, OR THE LAND UPON WHICH IT IS LOCATEDhowever, that heating and air conditioning service at any times other than normal business hours of 8:00 AM Eastern and 6:00 PM or no more than 50 hours during any seven (7) consecutive day period Eastern, Monday through Friday (weekends and national holidays being excepted) may be furnished, at Lessee’s cost, not to exceed $30.00 per hour, upon the written request of Lease delivered to Lessor no later than 48 hours in advance of the date on which such services are required.
(d) Illumination of Common Areas (including maintenance thereof and the replacement of lighting fixtures, bulbs and ballasts, if and when required) in the manner and to the extent deemed necessary by Lessor in us sole reasonable discretion; provided, however, that Lessor shall have no) Liability to Lessee its employees, agents, invitees, guests and/or licensees for Losses due to theft or burglary and/or damage, of vandalism caused by third parties.
(e) General maintenance and repair of all parking areas, sidewalks, landscape, hardscape and other improvements deemed or considered Common Areas. Lessee: Lessor: Notwithstanding the foregoing, Lessor shall not be liable to Lessee or others nor shall Lessee be entitled to an abatement of Rent on account of any disruption or interruption in the delivery or provision of the Services by Lessor hereunder, including, without limitation, any disruption or interruption on account of equipment malfunction, causes of force majeure, or otherwise.
Appears in 1 contract
Services Provided by Lessor. At all times during the Lease Term, Lessor shall provide or cause to be provided to Lessee at the Leased Premises as appropriate, the following services (a"Basic Services") as an incident to this Lease (the charges for these services are included in Base Rent):
(1) Lessor shall provide maintain the following utilities roof and services structural elements of the Leased Premises in good operable condition and repair, reasonable wear and tear excepted, including, without limitation, the making of any capital repairs or capital improvements required to comply, in all material respects, with any law, building code, rule, regulation, judicial mandate, or for the Premises:
other governmental requirement, excluding, however, (i) Hot any maintenance requirements necessitated by Alterations (as defined below) made by Lessee, and cold water and lavatory supplies at those points of supply provided for the general use of all tenants in the Building;
(ii) Hot and cold water at those points of supply within the Premises which exist on the date of this Lease;requirements to be performed by Lessee under Section 17b, below.
(iii2) Heat and air-conditioning in season, Monday through Friday from 8:00 A.M. to 6:00 P.M., and on Saturday from 8:00 A.M. to 1:00 P.M., except for New Years Day, Memorial Day (on the date federally observed), July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. Lessor shall provide heat and air conditioning to maintain the Premises at additional times if so requested by Lessee at least seventy-two (72) hours in advance. Lessor shall be entitled to charge Lessee for said after-hours services the same rate it charges other tenants, which is $50.00 per hour on the date of execution of this Lease. Lessor reserves the right, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event shall the rate per hour charged Lessee be more than the rate per hour charged other tenants;
(iv) Maintenance grounds of the Common Areas (as defined herein) TI Expressway Site in good condition and repair;, including without limitation:
(vA) Electricity maintenance of parking lots, roads, building grounds, outside lighting, underground utility lines for any fixtures electricity, water, storm and other sewers, cooling and heating water, fire protection sprinklers and piping, and other utilities serving the areas of Lessor located in the Premises or Common Areas on TI Expressway Site outside of the date hereof (and any replacements thereof) and for equipment and machinery of Lessee which comply with the provisions of this LeaseLeased Premises.
(viB) Replacement clearing of lights for building standard lights.ice and snow from sidewalks; and
(viiC) Trash removal from landscaping, including replacement and trimming of plants outside the loading dock area Leased Premises. The services provided hereunder shall be available during the hours similar services are provided by Lessor to other occupants of the Building.
(viii) Window washing and janitor services in a manner TI Expressway Site. All such services are customarily furnished to comparable office buildings. Lessee shall be responsible provided by personnel designated in the sole discretion of Lessor. Subject to Articles 21 and 35, this Lease has been entered into by Lessor and Lessee with the understanding that Lessee's Utilities will be available for obtaining all consumption and use in the Leased Premises during the Leased Term at volumes and pressures of such utilities historically consumed and used by the Defense Business operations being conducted in the Leased Premises as if the Defense Business had been conducted in the entire Leased Premises. Lessor agrees that it will take no actions which will materially and adversely affect the volume, pressure, and availability of the Lessee's Utilities, without the prior consent of Lessee. Subject to the foregoing sentence, in no event shall Lessor be liable for any failure of a gas, electricity, water, telephone, sewer utility or other utilities and services utility to provide a sufficient, uninterrupted quantity of water, electricity, gas, telephone or sewer or other utility service to the Leased Premises, except to the extent (a) such failure results from Lessor's non-payments to the supplier (unless such non-payment results from Lessee's failure to reimburse Lessor for such utility service as required by Lesseethis Lease), and shall pay directly all costs and charges therefor.
or (b) Unless caused by Lessor's willful misconduct or gross negligence that materially interferes failure to maintain orders/contracts with a supplier for delivery of such utility as previously consumed and used by the use Defense Business operations being conducted in the Leased Premises. Lessor will reasonably cooperate with Lessee to pass through to Lessee any rights Lessor may have against any provider of such utilities in the Premises as general office space, Lessor's inability to furnish, to any extent, the foregoing services, or any cessation thereof, resulting from any causes, shall not render Lessor liable for damages to either person or property, nor be construed as an eviction of Lessee nor work an abatement event of any portion interruption or failure of the rent, nor relieve Lessee from fulfillment of any covenant or agreement hereof. Lessor shall use reasonable diligence to restore said services promptlyby such utility provider.
(c) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT AND SHALL NOT BE REQUIRED TO FURNISH ANY SECURITY SERVICES OR SECURITY PERSONNEL ON OR WITH RESPECT TO THE COMMON AREAS, THE BUILDING, OR THE LAND UPON WHICH IT IS LOCATED.
Appears in 1 contract
Samples: Asset Purchase Agreement (Triquint Semiconductor Inc)
Services Provided by Lessor. At all times during the Lease Term, Lessor shall provide or cause to be provided to Lessee at the Leased Premises as appropriate, the following services (a"Basic Services") as an incident to this Lease (the charges for these services are included in Base Rent):
(1) Lessor shall provide maintain the following utilities roof and services structural elements of the Leased Premises in good operable condition and repair, reasonable wear and tear excepted, including, without limitation, the making of any capital repairs or capital improvements required to comply, in all material respects, with any law, building code, rule, regulation, judicial mandate, or for the Premises:
other governmental requirement, excluding, however, (i) Hot any maintenance requirements necessitated by Alterations (as defined below) made by Lessee, and cold water and lavatory supplies at those points of supply provided for the general use of all tenants in the Building;
(ii) Hot and cold water at those points of supply within the Premises which exist on the date of this Lease;requirements to be performed by Lessee under Section 17b, below.
(iii2) Heat and air-conditioning in season, Monday through Friday from 8:00 A.M. to 6:00 P.M., and on Saturday from 8:00 A.M. to 1:00 P.M., except for New Years Day, Memorial Day (on the date federally observed), July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. Lessor shall provide heat and air conditioning to maintain the Premises at additional times if so requested by Lessee at least seventy-two (72) hours in advance. Lessor shall be entitled to charge Lessee for said after-hours services the same rate it charges other tenants, which is $50.00 per hour on the date of execution of this Lease. Lessor reserves the right, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event shall the rate per hour charged Lessee be more than the rate per hour charged other tenants;
(iv) Maintenance grounds of the Common Areas (as defined herein) TI Expressway Site in good condition and repair;, including without limitation:
(vA) Electricity maintenance of parking lots. roads, building grounds, outside lighting, underground utility lines for electricity, water, storm and other sewers, cooling and heating water, fire protection sprinklers and piping, and other utilities serving the areas of the TI Expressway Site outside of the Leased Premises,
(B) clearing of ice and snow from sidewalks; and
(C) landscaping, including replacement and trimming of plants outside the Leased Premises. The services provided hereunder shall be available during the hours similar services are provided by Lessor to other occupants of the TI Expressway Site. All such services shall be provided by personnel designated in the sole discretion of Lessor. Subject to Articles 21 and 35, this Lease has been entered into by Lessor and Lessee with the understanding that Lessee's Utilities will be available for such consumption and use in the Leased Premises during the Lease Term at volumes and pressures of such utilities historically consumed and used by the Defense Business operations being conducted in the Leased Premises as if the Defense Business had been conducted in the entire Leased Premises. Lessor agrees that it will take no actions which will materially and adversely affect the volume, pressure, and availability of the Lessee's Utilities, without the prior consent of Lessee. Subject to the foregoing sentence, in no event shall Lessor be liable for any fixtures failure of a gas, electricity, water, telephone, sewer utility or other utility to provide a sufficient, uninterrupted quantity of water, electricity, gas, telephone or sewer or other utility service to the Leased Premises, except to the extent (a) such failure results from Lessor's non-payments to the supplier (unless such non-payment results from Lessee's failure to reimburse Lessor located in the Premises or Common Areas on the date hereof (and any replacements thereof) and for equipment and machinery of Lessee which comply with the provisions of such utility service as required by this Lease.
(vi) Replacement of lights for building standard lights.
(vii) Trash removal from the loading dock area of the Building.
(viii) Window washing and janitor services in a manner such services are customarily furnished to comparable office buildings. Lessee shall be responsible for obtaining all other utilities and services required by Lessee), and shall pay directly all costs and charges therefor.
or (b) Unless caused by Lessor's willful misconduct or gross negligence that materially interferes failure to maintain orders/contracts with a supplier for delivery of such utility as previously consumed and used by the use Defense Business operations being conducted at the Leased Premises. Lessor will reasonably cooperate with Lessee to pass through to Lessee any rights Lessor may have against any provider of such utilities in the Premises as general office space, Lessor's inability to furnish, to any extent, the foregoing services, or any cessation thereof, resulting from any causes, shall not render Lessor liable for damages to either person or property, nor be construed as an eviction of Lessee nor work an abatement event of any portion interruption or failure of the rent, nor relieve Lessee from fulfillment of any covenant or agreement hereof. Lessor shall use reasonable diligence to restore said services promptlyservice by such utility provider.
(c) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT AND SHALL NOT BE REQUIRED TO FURNISH ANY SECURITY SERVICES OR SECURITY PERSONNEL ON OR WITH RESPECT TO THE COMMON AREAS, THE BUILDING, OR THE LAND UPON WHICH IT IS LOCATED.
Appears in 1 contract
Samples: Asset Purchase Agreement (Triquint Semiconductor Inc)
Services Provided by Lessor. Lessor agrees to furnish the following services (a“Services”) with respect to the Leased Premises and the Common Areas:
a. Potable water service for drinking and lavatory purposes.
b. Electric utility service to the Leased Premises for the operation of standard lighting fixtures and general office equipment, including computers, and general service non-production type office copy machines (subject to Lessee’s payment of the utility service fees therefore); provided, however, that Lessor shall have no obligation to provide the following utilities and electric utility services to or in excess of that customarily required for the Premises:number of convenience outlets and electrical circuits existing in the Leased Premises as of the Effective Date hereof. If Lessee requires electrical services in excess of that deemed by Lessor to be standard, such services may be provided upon such conditions as Lessor may reasonably determine (including, without limitation, the requirement that sub meters be install at Lessee’s expense) and Lessee shall bear the entire cost of such excess service based upon actual consumption (if such metered) or Lessor’s reasonable estimate of the cost of such excess service.
(i) Hot c. Heating and cold water and lavatory supplies at those points of supply provided air conditioning for the general reasonably comfortable use and occupancy of all tenants the Leased Premises within an acceptable temperature range, as determined by Lessor in the Building;
its sole reasonable discretion; provided, however, that heating and air conditioning service at any times other than normal business hours of 8:00 AM Eastern and 6:00 PM or not more than 50 hours during any seven (ii&) Hot and cold water at those points of supply within the Premises which exist on the date of this Lease;
(iii) Heat and air-conditioning in seasonconsecutive day period Eastern, Monday through Friday from 8:00 A.M. (weekends and national holidays being excepted) may be furnished, at Lessee’s cost, not to 6:00 P.M.exceed $30.00 per hour, and on Saturday from 8:00 A.M. upon the written request of Lessee deliver to 1:00 P.M., except for New Years Day, Memorial Day (on Lessor no later than 48 hours in advance of the date federally observed)or which such services are required.
d. Illumination of Common Areas (including maintenance thereof and the replacement of lighting fixtures, July Fourthbulbs and bills, Labor Dayif and when required) in the manner and to the extent deemed necessary by Lessor in its sole reasonable discretion: provided, Thanksgiving Dayhowever, and Christmas Day. that Lessor shall provide heat have no liability to Lessee, its employees, agents, invitees, guests and/or licenses for losses due to theft or burglary and/or damage or vandalism cause by third parties.
e. General maintenance and air conditioning to repair of all parking areas, sidewalks, landscape, hardscape and other improvements deemed or considered Common Areas. Not withstanding the Premises at additional times if so requested by Lessee at least seventy-two (72) hours in advance. foregoing, Lessor shall not be liable to Lessee or other nor shall Lessee be entitled to charge Lessee for said after-hours services the same rate it charges other tenants, which is $50.00 per hour on the date of execution of this Lease. Lessor reserves the right, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event shall the rate per hour charged Lessee be more than the rate per hour charged other tenants;
(iv) Maintenance of the Common Areas (as defined herein) in good condition and repair;
(v) Electricity for any fixtures of Lessor located in the Premises or Common Areas on the date hereof (and any replacements thereof) and for equipment and machinery of Lessee which comply with the provisions of this Lease.
(vi) Replacement of lights for building standard lights.
(vii) Trash removal from the loading dock area of the Building.
(viii) Window washing and janitor services in a manner such services are customarily furnished to comparable office buildings. Lessee shall be responsible for obtaining all other utilities and services required by Lessee, and shall pay directly all costs and charges therefor.
(b) Unless caused by Lessor's willful misconduct or gross negligence that materially interferes with the use of the Premises as general office space, Lessor's inability to furnish, to any extent, the foregoing services, or any cessation thereof, resulting from any causes, shall not render Lessor liable for damages to either person or property, nor be construed as an eviction of Lessee nor work an abatement of Rent on account of any portion disruption or interruption in the delivery or provision of the rentServices by Lessor hereunder, nor relieve Lessee from fulfillment including, without irritation, any disruptions or interruption on account of any covenant equipment malfunction, causes of force major, or agreement hereof. Lessor shall use reasonable diligence to restore said services promptlyotherwise.
(c) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT AND SHALL NOT BE REQUIRED TO FURNISH ANY SECURITY SERVICES OR SECURITY PERSONNEL ON OR WITH RESPECT TO THE COMMON AREAS, THE BUILDING, OR THE LAND UPON WHICH IT IS LOCATED.
Appears in 1 contract
Services Provided by Lessor. Lessor shall also provide maintenance of all Common Areas including cleaning, landscaping and illumination; extermination and pest control; and freight elevators and passenger elevators service.
(a) Lessor Hours of Service (cont'd) Notwithstanding the provisions of Paragraph 11.3 to the contrary, Lessee shall provide have access to the following utilities Building, the Premises, elevator service and services the Building parking structure 24 hours per day, 365 days per year, subject to or Lessor's security measures for the Premises:
(i) Hot Building. Lessee's access shall not require Lessor to station garage attendants in the Building or the Building garage 24 hours per day. Heating, ventilating and cold water air conditioning shall be provided 7:00 a.m. to 7:00 p.m. Monday through Friday, and lavatory supplies 9:00 a.m. to 1:00 p.m. Saturdays, holidays excepted. HVAC services furnished after these hours will be charges to Lessee at those points of supply provided Lessor's actual cost, which cost shall not exceed, $45.00 per hour for the general first twelve (12) months of the Lease Term. Lessee's use of all tenants in the Building;
(iiseparate HVAC package unit(s) Hot and cold water at those points of supply for Lessee's phone/data room or other rooms within the Premises which exist on the date of this Lease;shall be separately metered and billed directly to Lessee.
(iiia) Heat and air-conditioning in season, Monday through Friday from 8:00 A.M. Interruption of Services (cont'd) In the event that any utilities or services to 6:00 P.M., and on Saturday from 8:00 A.M. to 1:00 P.M., except for New Years Day, Memorial Day (on the date federally observed), July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. be furnished by Lessor shall provide heat and air conditioning to the Premises are interrupted, disrupted, or terminated due to the gross negligence or willful misconduct of Lessor, or due to Lessor's failure to pay for such services or utilities and thereby prevents the normal conduct of Lessee's business at additional times if so requested by Lessee at least seventy-two (72) hours in advance. Lessor shall be entitled to charge Lessee for said after-hours services the same rate it charges other tenantsPremises, which is $50.00 per hour on then the date of execution of this Lease. Lessor reserves the right, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event shall the rate per hour charged Lessee be more than the rate per hour charged other tenants;
(iv) Maintenance of the Common Areas (as defined herein) in good condition and repair;
(v) Electricity for any fixtures of Lessor located in the Premises or Common Areas on the date hereof (base rent and any replacements thereof) and for equipment and machinery of Lessee which comply with other amounts owing as rent hereunder shall xxxxx, based upon the provisions of this Lease.
(vi) Replacement of lights for building standard lights.
(vii) Trash removal from the loading dock area of the Building.
(viii) Window washing and janitor services in a manner such services are customarily furnished to comparable office buildings. Lessee shall be responsible for obtaining all other utilities and services required by Lessee, and shall pay directly all costs and charges therefor.
(b) Unless caused by Lessor's willful misconduct portion or gross negligence that materially interferes with the use portions of the Premises as general office spaceso affected by the interruption, Lessor's inability to furnish, to any extent, the foregoing servicesdisruption, or any cessation thereof, resulting from any causes, shall not render Lessor liable for damages to either person or property, nor termination until normal business at the Premises may be construed as an eviction of Lessee nor work an abatement of any portion of the rent, nor relieve Lessee from fulfillment of any covenant or agreement hereof. Lessor shall use reasonable diligence to restore said services promptlyresumed.
(c) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT AND SHALL NOT BE REQUIRED TO FURNISH ANY SECURITY SERVICES OR SECURITY PERSONNEL ON OR WITH RESPECT TO THE COMMON AREAS, THE BUILDING, OR THE LAND UPON WHICH IT IS LOCATED.
Appears in 1 contract
Services Provided by Lessor. (a) Except as otherwise provided herein, Lessor shall provide agrees, at its cost, to furnish Lessee, during the following utilities and services to or for term of the PremisesLease:
(i) Hot and cold water and lavatory supplies at those points of supply provided for the general use of all tenants in the Building;
(ii) a. Hot and cold water at those points of supply within provided for general use of other tenants in the Premises which exist on the date of this Leasebuilding;
(iii) Heat b. Central heat and air-air conditioning in season, at such times as Lessor normally furnishes these services to other tenants in the building, and at such temperatures and in such amounts as are considered by Lessor to be standard. Building operation hours are from 7:00AM - 7:00PM Monday through Friday from 8:00 A.M. to 6:00 P.M., and on Saturday from 8:00 A.M. to 1:00 P.M.Friday, except for legal holidays. The legal holidays are: New Years Year's Day, Memorial Day (on the date federally observed)Day, July FourthIndependence Day, Labor Day, Thanksgiving Day, Day and Christmas Day.
c. Janitorial and trash removal service;
d. Electric current;
e. Routine lighting service for all Common Areas and special areas of the building in the manner and to the extent deemed by Lessor to be standard. Lessor shall provide heat and In the event Lessee requests use of heating or air conditioning to services beyond the Premises normal building hours of operation, Lessee will be charge for electric at additional times if so requested by Lessee at least seventy-two the rate of thirty dollars (72$30.00) hours in advance. Lessor shall be entitled to charge Lessee for said after-hours services the same rate it charges other tenants, which is $50.00 per hour on the date for each hour or partial hour of execution of this Leaseovertime use. Failure by Lessor reserves the right, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event shall the rate per hour charged Lessee be more than the rate per hour charged other tenants;
(iv) Maintenance of the Common Areas (as defined herein) in good condition and repair;
(v) Electricity for any fixtures of Lessor located in the Premises or Common Areas on the date hereof (and any replacements thereof) and for equipment and machinery of Lessee which comply with the provisions of this Lease.
(vi) Replacement of lights for building standard lights.
(vii) Trash removal from the loading dock area of the Building.
(viii) Window washing and janitor services in a manner such services are customarily furnished to comparable office buildings. Lessee shall be responsible for obtaining all other utilities and services required by Lessee, and shall pay directly all costs and charges therefor.
(b) Unless caused by Lessor's willful misconduct or gross negligence that materially interferes with the use of the Premises as general office space, Lessor's inability to furnish, to any extent, the foregoing extent to furnish these defined services, or any cessation thereof, resulting from any causescauses beyond the control of Lessor, shall not render Lessor liable in any respect for damages to either person or property, nor be construed as an eviction of Lessee, nor entitle Lessee nor work to an abatement of any portion of the rent, nor relieve Lessee from fulfillment of any covenant or agreement hereofhereunder. Should any of the equipment of machinery break down, or for any cause cease to function properly, Lessor shall use reasonable diligence to restore said services repair the same promptly, but Lessee shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Lessee agrees to pay for telephone service and all other charges not specifically assumed herein by Lessor.
(c) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT AND SHALL NOT BE REQUIRED TO FURNISH ANY SECURITY SERVICES OR SECURITY PERSONNEL ON OR WITH RESPECT TO THE COMMON AREAS, THE BUILDING, OR THE LAND UPON WHICH IT IS LOCATED.
Appears in 1 contract
Samples: Commercial Lease (Ivillage Inc)