Services Provided by Owner. Owner shall, at its sole cost and expense, maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, landscaping, corridors and restrooms, together with the Westin Building Garage, and all structural portions of the Building, including, but not limited to, roof and foundation as well as common area fire suppression systems, heating, ventilation, air conditioning, electrical and mechanical systems, in a first class order and condition, except for damage occasioned by the act of Tenant. Owner's responsibility to maintain the fire suppression systems, heating and ventilation, electrical and mechanical systems on the Premises ends at the demarcation point where such systems enter the Premises. Tenant agrees to maintain the fire suppression systems, heating and ventilation, electrical and mechanical systems within the Premises from the demarcation point. Nothwithstanding anything to the contrary in this Article 7, Owner agrees to allow Tenant to connect to the Premises upon completion of the New Vault project, an additional One Hundred Fifty (150) amps of 480V 3 phase from the Building power source. All costs for the aforementioned installation shall be at Tenant's expense, and subject to review and approval of final plans by Owner. Tenant shall remit to Owner, upon completion of the New Vault project, Forty Five Thousand and 00/100 ($45,000.00) Dollars as a reimbursement for Tenant's pro-rata share of the cost of the New Vault project. Owner, at its sole cost, shall provide lighting replacement, toilet room supplies, window washing with reasonable frequency, and daily janitorial service, during the times and in the manner that such services are customarily furnished in general office buildings in the area. Elevator service shall be provided to Premise on a 24 hour a day, seven day a week basis. Owner shall not be liable for damages, nor shall the rental herein reserved be abated, for failure to furnish or delay in furnishing any of the foregoing services, when such failure or delay is caused by an event of Force Majeur or by the making of necessary repairs to the Premises or Building (provided that Owner has used reasonable efforts not to interfere with or interrupt the conduct of Tenant's business at the Premises), nor shall the temporary failure to furnish any of such services due to such events be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease. NEW: HVAC (HEATING, VENTILATING, AND AIR CONDITIONING) Owner grants Tenant the right to install, at Tenant's sole cost, its own HVAC equipment in Premises. This equipment shall be considered Tenant's trade fixture. Tenant's HVAC equipment shall be connected in a manner approved by the Building. Owner represents and warrants to Tenant that at all times during the Lease Term, or any extension 1(s), Owner shall have available for Tenant's heating and ventilation needs at the Premises not more than 70 tons of HVAC cooling capacity. Owner shall not be liable for damages, nor shall the rental herein reserved be abated, for Owner's failure to furnish or delay in furnishing HVAC cooling, when such failure or delay is caused by an event of Force Majeur or by the making of necessary repairs to the Premises or Building (provided that Owner has used reasonable efforts not to interfere with or interrupt the conduct of Tenant's business at the Premises), nor shall the temporary failure to furnish any of such services due to such events be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease. Tenant shall pay to Owner within thirty (30) days of completion of the New Vault Project, as additional rent, a sum equal to Thirty Thousand & 00/100 ($30,000.00). In addition, Tenant shall pay within ten (10) days of invoice a quarterly fee for Tenant's pro rata, per ton share of the costs charged to all users of the cooling tower for Owner's costs and expenses of operating and maintaining the cooling tower, including, but not limited to, chemical treatment, electrical usage and water consumption, maintenance contracts and security.
Appears in 2 contracts
Samples: Agreement to Lease (Internap Network Services Corp/Wa), Agreement to Lease (Internap Network Services Corp/Wa)
Services Provided by Owner. Owner shall, at its sole cost and expense, maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, landscaping, corridors and restrooms, together with the Westin Building Garage, and all structural portions of the Building, including, but not limited to, roof and foundation as well as common area fire suppression systems, heating, ventilation, air conditioning, electrical and mechanical systems, in a first class order and condition, except for damage occasioned by the act of Tenant. Owner's responsibility to maintain the fire suppression systems, heating and ventilation, electrical and mechanical systems on the 9th floor Premises ends at the demarcation point where such systems enter the 9th floor Premises. Tenant agrees to maintain the fire suppression systems, heating and ventilation, electrical and mechanical systems within the 9th floor Premises from the demarcation point. Nothwithstanding anything Owner, at Owner's sole cost, shall furnish the 34th floor Premises from 7:00 a.m. to 6:00 p.m. Monday through Friday (exclusive of holidays), hereinafter called the "Standard Work Week," with electricity for lighting and the operating of office machines, heat and air conditioning, and hot and cold running water, as may be reasonably required for the occupation of the Premises. At Tenant's cost, Owner shall install a heating, ventilation and air conditioning override to the contrary in this Article 734th floor Premises to provide after hours heating, ventilation and air conditioning to such Premises. Owner agrees may charge Tenant for such override services at a rate of $20 per hour, as adjusted from time to allow time, payable by Tenant to connect to the Premises upon completion of the New Vault projecton a monthly basis as additional rent. Owner, an additional One Hundred Fifty (150) amps of 480V 3 phase from the Building power source. All costs for the aforementioned installation shall be at Tenant's expensecost, shall furnish the 9th floor Premises with electricity for lighting and subject to review the operating of office machines, heat and approval of final plans by Owner. Tenant shall remit to Owner, upon completion air conditioning as may be reasonably required for the occupation of the New Vault project9th floor Premises on a 24 hour a day, Forty Five Thousand and 00/100 ($45,000.00) Dollars as seven day a reimbursement for Tenant's pro-rata share of the cost of the New Vault projectweek basis. Elevator service shall be provided to both Premises on a 24 hour a day, seven day a week basis. Owner, at its sole cost, shall provide lighting replacement, toilet room supplies, window washing with reasonable frequency, and daily janitorial serviceservice to be provided to the 34th Premises only unless otherwise agreed upon by the parties, during the times and in the manner that such services are customarily furnished in general office buildings in the area. Elevator service shall be provided to Premise on a 24 hour a day, seven day a week basis. Owner shall not be liable for damages, nor shall the rental herein reserved be abated, for failure to furnish or delay in furnishing any of the foregoing services, when such failure or delay is caused by an event of Force Majeur or by the making of necessary repairs to the Premises or Building (provided that Owner has used reasonable efforts not to interfere with or interrupt the conduct of Tenant's business at the Premises), nor shall the temporary failure to furnish any of such services due to such events be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease. NEW: HVAC (HEATING, VENTILATING, AND AIR CONDITIONINGdefined in Article 30) Owner grants Tenant the right to install, at Tenant's sole cost, its own HVAC equipment in Premises. This equipment shall be considered Tenant's trade fixture. Tenant's HVAC equipment shall be connected in a manner approved by the Building. Owner represents and warrants to Tenant that at all times during the Lease Term, or any extension 1(s), Owner shall have available for Tenant's heating and ventilation needs at the Premises not more than 70 tons of HVAC cooling capacity. Owner shall not be liable for damages, nor shall the rental herein reserved be abated, for Owner's failure to furnish or delay in furnishing HVAC cooling, when such failure or delay is caused by an event of Force Majeur or by the making of necessary repairs to the Premises or Building (provided that Owner has used reasonable efforts not to interfere with or interrupt the conduct of Tenant's business at the Premises), nor shall the temporary failure to furnish any of such services due to such events be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease. Tenant shall pay to acknowledges that the 24-hour nature of its business exceeds the Standard Work Week described above. Owner within thirty (30) days may at its option and at Tenant's cost install a meter in the electrical system supplying Tenant, measure usage and xxxx Tenant monthly at the same rate, including demand charges, billed by Seattle City Light, plus a monthly billing fee of completion of the New Vault Project, as additional rent, a sum equal to Thirty Thousand & 00/100 ($30,000.00)10.00. In additionAdditionally, Tenant shall pay within ten (10) days for all other additional expenses, if any, incurred by Owner arising out of invoice a quarterly fee for Tenant's pro rata, per ton share use of the costs charged to all users Premises in excess of the cooling tower for Owner's costs and expenses of operating and maintaining the cooling tower, including, but not limited to, chemical treatment, electrical usage and water consumption, maintenance contracts and securityStandard Work Week.
Appears in 1 contract
Services Provided by Owner. a. Owner shall, at its sole cost and expense, maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, landscaping, corridors and restrooms, together with the Westin Building Garage, and all structural portions of the Building, including, but not limited to, roof and foundation as well as common area fire suppression systems, heating, ventilation, air conditioning, electrical and mechanical systems, in a first class order and condition, except for damage occasioned by the act of Tenant. Owner's responsibility Owner shall be responsible to maintain the fire suppression systems, heating and ventilation, electrical and mechanical systems on the Premises ends at the demarcation point where such systems enter in the Premises. Owner shall maintain all Building Standard acoustical ceilings, lighting fixtures, air conditioning grilles, air ducts and temperature controls, draperies, corridor and demising partitions, and concrete floor ready for pad and carpet in the Premises. All other improvements to the Premises, whether installed by Owner or Tenant, shall be maintained by Tenant. Notwithstanding anything in this Section 7a to the contrary, Tenant agrees to maintain the fire suppression systemsacknowledges that Owner, heating at Owner's sole cost and ventilation, electrical and mechanical systems within expense is installing a 4.5-ton HVAC unit in the Premises from (the demarcation point"Supplemental HVAC Unit") at the request of Tenant. Nothwithstanding anything Owner shall deliver the Supplemental HVAC Unit in good and operable condition to the contrary in this Article 7, Owner agrees to allow Tenant to connect to the Premises upon completion of the New Vault project, an additional One Hundred Fifty (150) amps of 480V 3 phase from the Building power source. All costs for the aforementioned installation shall be at Tenant's expense, and subject to review and approval of final plans by Ownerreasonable satisfaction. Tenant shall remit to Owner, upon completion own said unit at the end of the New Vault project, Forty Five Thousand and 00/100 ($45,000.00) Dollars as a reimbursement for Tenant's pro-rata share of the cost of the New Vault project. Owner, at its sole cost, shall provide lighting replacement, toilet room supplies, window washing with reasonable frequency, and daily janitorial service, during the times and in the manner that such services are customarily furnished in general office buildings in the area. Elevator service shall be provided to Premise on a 24 hour a day, seven day a week basis. Owner shall not be liable for damages, nor shall the rental herein reserved be abated, for failure to furnish or delay in furnishing any of the foregoing services, when such failure or delay is caused by an event of Force Majeur or by the making of necessary repairs to the Premises or Building (provided that Owner has used reasonable efforts not to interfere with or interrupt the conduct of Tenant's business at the Premises), nor shall the temporary failure to furnish any of such services due to such events be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease. NEW: HVAC (HEATING, VENTILATING, AND AIR CONDITIONING) Owner grants Tenant the right to installfurther acknowledges and agrees that Tenant, at Tenant's sole costcost and expense, its own shall conduct such maintenance, service and repair work for the Supplemental HVAC equipment Unit as necessary to keep the Supplemental HVAC Unit in Premises. This equipment shall be considered Tenant's trade fixture. Tenant's HVAC equipment shall be connected good working order, normal wear and tear excepted, in a manner approved by the Building. Owner represents accordance with all applicable codes and warrants to Tenant that at all times regulations, during the Lease Term and any Extended Term, or any extension 1(s), Owner shall have available for Tenant's heating and ventilation needs at the Premises not more than 70 tons of HVAC cooling capacity. Owner shall not be liable for damages, nor shall the rental herein reserved be abated, for Owner's failure to furnish or delay in furnishing HVAC cooling, when such failure or delay is caused by an event of Force Majeur or by the making of necessary repairs to the Premises or Building (provided that Owner has used reasonable efforts not to interfere with or interrupt the conduct of Tenant's business at the Premises), nor shall the temporary failure to furnish any of such services due to such events be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease. Tenant shall pay to Owner within thirty (30) days of completion of the New Vault Project, as additional rent, a sum equal to Thirty Thousand & 00/100 ($30,000.00). In addition, Tenant shall pay within ten (10) days of invoice a quarterly fee for Tenant's pro rata, per ton share of the costs charged to all users of the cooling tower for Owner's costs and expenses of operating and maintaining the cooling tower, including, but not limited to, chemical treatment, electrical usage and water consumption, maintenance contracts and security.
Appears in 1 contract
Samples: Agreement of Lease (Aptimus Inc)