Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays. (a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises; (b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20 (c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21; (d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays; (e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant; (f) Initial lamps, bulbs, starters and ballasts used within the Premises; and (g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25
Appears in 3 contracts
Samples: Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused Landlord agrees to furnish Tenant the Premises with electricity and water utilized in operating any and all facilities serving the Premises;following services:
(b1) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)).
(c2) Routine maintenance, painting and electric lighting service maintenance for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord necessary to be standard and consistent with maintain the operation and maintenance of the Building as a first-same in first class office building in the Central Business District (CBD) of 21;condition.
(d3) Janitorial service on a service, five (5) day week basisdays per week, excluding Saturdaysexclusive of Normal Business Holidays, Sundays and legal holidays;at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building.
(e4) 22 If any electrical equipment installed23 requires air conditioning capacity above that All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided by Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the building standard system, then Premises during the additional air conditioning installation and corresponding operating costs will Term (provided the cost of same provided to other tenants’ premises shall be the separate obligation of the Tenant;excluded from “Operating Costs”).
(f5) Initial lamps, bulbs, starters and ballasts used within Limited access to the Premises; and
Building (gor to the floor on which the Premises are located) Security for during other than Normal Business Hours through the Building; provided, however, use of master entry cards and/or keys. Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, contractors, invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the BuildingPremises or on the Complex. In the event Tenant desires any of the aforementioned services shall cooperate fully in amounts in excess of those24 and Landlord’s efforts to control access in the event Landlord elects to provide these additional services, Tenant Building and shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure follow all regulations promulgated by Landlord to any extent with respect thereto which are adopted in accordance with Exhibit “C”.
(6) Proper facilities to furnish any of the above services(A) Building Standard lighting, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder and (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide B) sufficient electrical power for the operation normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25similar electrical consumption (“Miscellaneous Power”).
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
Services to be Furnished by Landlord. Provided (a) Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of in a manner consistent with Class A office standards in the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Market Area:
(a1) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours. Landlord shall provide heating, ventilating, and cooling during Normal Business Hours within the capabilities of the existing systems serving the Building. In no event shall Landlord be required to replace or supplement the existing systems to achieve a level of heating, ventilating or cooling beyond the capabilities, as of the Effective Date, of the existing systems serving the Building. For informational purposes only, Landlord discloses to Tenant that the heating and cooling systems for the Building are designed to meet the following specifications: maximum indoor summer temperature of 74° F. with maximum indoor relative humidity of 60% when outside temperature is 89° F. DB/78° F. WB, and with minimum indoor winter temperature of 72° F. with minimum indoor relative humidity of 25% when outside temperature is -16° F. DB;
(c2) Routine maintenance, painting and electric lighting service maintenance for all Common Areas (as such term is limited in the definition thereof) and special service areas Service Areas of the Building in the a manner and to the extent deemed by Landlord to be standard and consistent with Class A office standards in the operation Market Area. Landlord shall maintain all elevators and maintenance of escalators serving the Building as a first-class office building in the Central Business District (CBD) of 21good working order under maintenance agreements;
(d3) Janitorial service on a Except as provided in Section 6(c)(4) of this Lease, janitorial service, five (5) day week basisdays per week, excluding Saturdaysexclusive of Normal Business Holidays, Sundays and legal holidaysat a level comparable to that provided in Class A office buildings within the Market Area;
(e4) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by All Building Standard fluorescent and incandescent bulb and ballast replacement in the building standard systemPremises, then the additional air conditioning installation Common Areas and corresponding operating costs will be the separate obligation of the TenantService Areas;
(f5) Initial lamps, bulbs, starters and ballasts used within Limited access to the Premises; and
Building (gor to the floor on which the Premises are located) Security for during other than Normal Business Hours through the Building; provided, howeveruse of master entry cards and/or keys. Except as expressly provided in Section 21 of this Lease, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, contractors, invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the BuildingPremises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “F”.
(6) Electricity and proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”). In the event Landlord determines, in its commercially reasonable discretion, that Tenant desires any of the aforementioned services in amounts will require, or is consuming, special lighting in excess of those24 Building Standard or Miscellaneous Power in excess of the Building Standard, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord’s engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs. Similarly, if another tenant or occupant within the Project or the Complex is consuming special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard, Landlord shall not include such amounts in the Basic Operating Costs and shall recover said amounts directly from the tenant or occupant consuming special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard.
(7) Escalator and passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, reasonably prescribed by the Building manager, and Tenant shall bear the cost of such requested heating and air conditioning service at the After Hours HVAC Rate; provided, however, the After-Hours HVAC Rate may be adjusted, from time to time, to reflect increases or decreases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord agrees to provide any additional services not required of Landlord under this Lease at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the actual cost of providing such service within thirty (30) days following receipt of an invoice with reasonable supporting documentation from Landlord. Landlord shall continue the provision of such additional service unless Tenant has otherwise specified in writing or provides to Landlord at least thirty (30) days advance written notice to cease providing the additional service.
(c) Except as provided in Section 21 of this Lease, in the event of an interruption or cessation in or failure of or inability by Landlord elects to provide these additional servicesany services to the Premises or Building as provided for in this Lease for any reason (“Service Failure”), such Service Failure shall not, regardless of duration, impose upon Landlord any liability whatsoever; provided, however, in the event of a Service Failure, Landlord shall use commercially reasonable efforts to remove the cause of the failure or cessation and restore the service promptly, including, without limitation, temporary equipment rental, payment of overtime pay, travel expenses, and the expenses of shipping by air (the costs of which shall be included in Basic Operating Costs). In the event the result of such Service Failure resulting from causes other than matters of Force Majeure and if such Service Failure shall render the Premises untenantable for the reasonable conduct of Tenant’s business and such untenantability continues for five (5) consecutive Business Days, Rent and other charges payable by Tenant to Landlord hereunder shall xxxxx based on the proportionate share of the Premises rendered untenantable, from the beginning date of such Service Failure; and if such Service Failure shall continue for a period of more than two hundred seventy (270) consecutive days and more than 20% of the Rentable Area within the Premises is rendered continuously untenantable during that period, Tenant shall pay have the right to terminate this Lease with respect to the portion of the Premises that is untenantable provided notice of said termination is given to Landlord as Additional Rent hereunder the cost prior to reinstatement of providing these additional said facilities, utilities or services. Failure Notwithstanding the foregoing, if there is an interruption in electrical power which is (a) specific to the Building (as opposed to an interruption or curtailment in electrical power which extends beyond the Building to include other properties), (b) causes the Premises to be untenantable, and (c) is not caused by an event of Force Majeure, then Tenant will be entitled to deliver Landlord a notice stating that if the untenantability caused by the interruption is not cured within five (5) Business Days, Tenant will be entitled to an abatement of Rent as provided in this Section 9(c). If Tenant properly delivers such an abatement notice to Landlord, and the untenantability caused by the interruption in electric power is not remedied within five (5) Business Days after Landlord receives Tenant’s abatement notice, then Tenant shall thereafter be entitled to an abatement of Rent (in proportion to the portion of the Premises rendered untenantable by the interruption in electrical power) until such electric power is restored. The provisions of this Section 9(c) are not intended to apply to situations where the failure by Landlord to any extent to furnish any of the above servicesfacilities, utilities or any cessation thereof, resulting from causes beyond other services specified herein arise under Section 23 and Section 24 which provisions shall be deemed to control the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s rights and obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for parties hereto with respect to any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25such Service Failure by Landlord.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (FSP 50 South Tenth Street Corp)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, Building on the floor(s) on which the Premises are located and central heat and air conditioning;20conditioning in the Premises in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than during "Normal Business Hours" for the Building (which are 7:30 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal business holidays), shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least three (3) days in advance of the date such usage is requested. Tenant shall bear the entire cost of such additional service allocable to the Premises as such costs are determined by Landlord from time to time and shall pay such costs to Landlord upon demand.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Exterior Common Areas, Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and special service areas of the Building Service Areas in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building standard.
(c) Janitor service in the Central Business District (CBD) Premises, Monday through Friday, exclusive of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant if Tenant's floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesother improvements require special treatment, Tenant shall pay Landlord the additional cleaning cost attributable thereto as Additional Rent hereunder additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord's employees in the cost of providing these additional services. Failure furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to any extent to furnish any of have the above servicesnecessary work performed; provided, or any cessation thereofhowever, resulting from causes beyond the control of Landlord, shall not render that janitorial services performed by Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25during
Appears in 2 contracts
Samples: Lease Agreement (SPR Inc), Lease Agreement (SPR Inc)
Services to be Furnished by Landlord. Provided Tenant is not in default under any A. Landlord shall furnish the following services: (i) heating, ventilating and air conditioning during Normal Business Hours to provide a temperature condition required for comfortable occupancy of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
Premises under normal business operations; (aii) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and at all facilities serving the Premises;
(b) Hot times hot and cold water at those points of supply provided for general use of other tenants restrooms located in the Building and refrigerated water for drinking fountains located in the Building, central heat and air conditioning;20
(c) Routine maintenanceat Tenant’s request and reasonable expense, painting hot and electric lighting service cold water for all Common Areas and special service kitchen areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and(iii) janitorial service in the Premises and Common Areas (including cleaning of all floors—wet mop or dry sweep—, vacuuming of carpets, emptying wastebaskets, and cleaning restrooms) on Business Days; (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this Lease; (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord; (vi) on-site trash dumpster and at least weekly trash removal; (vii) snowplowing and ice removal services for the parking lot, driveways and sidewalks located on the Property, Monday through Saturday (excluding legal holidays); (viii) maintaining the Parking Deck and all interior and exterior Common Areas, including elevators and stairwells, in a safe, lawful, clean and neat, and in good operating, condition; and (ix) wash Building windows at intervals reasonably established by Landlord.
(g) Security B. If Tenant requests any other utilities or building services in addition to those identified in Section 6A, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building; provided, however, then Landlord shall not be liable use reasonable efforts to attempt to furnish Tenant with such additional utilities or any employee, invitee, licensee building services. Landlord may impose a reasonable charge for such additional utilities or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of utilities and Building services identified in Section 6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an actual or constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof.
D. Notwithstanding anything to the contrary contained in this Section 6, if: (i) Landlord ceases to furnish any service in the Building for a period in excess of five (5) consecutive Business Days (or five (5) or more Business Days in any ten (10) Business Day period) after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant’s obligations hereunder ; (including, but iii) such cessation is not limited tocaused by a fire or other casualty (in which case Section 16 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the payment Premises or a material portion thereof, is rendered reasonably unusable for Tenant’s ordinary business operations, and Tenant in fact ceases to use the Premises, or the material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent). Should any of Base Rent payable hereunder during the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power period for the operation period and duration of such cessation and ending on the general banking and office business purposes day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors percentage of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, so rendered untenantable and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25not used by Tenant.
Appears in 2 contracts
Samples: Sublease Agreement (Voyager Learning CO), Office Lease (Proquest Co)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of as an Operating Expense for the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Building (except as specifically provided below):
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than “Normal Business Hours” for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of federally recognized holidays), shall be furnished upon receipt of a phone request by Tenant utilizing Landlord’s computer which permits Tenant to make phone requests for such heating and air conditioning services. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a service, five (5) day week basisdays a week, excluding Saturdays, Sundays and legal exclusive of federally recognized holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord.
(d) Subject to the provisions of Article 13, facilities to provide all electrical current required by a typical office user, as determined by Landlord, in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas of the Building.
(f) Security in the form of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord may charge a fee for card keys or other security devices. Landlord, however, shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by resulting from the actions of unauthorized persons on the Premises or in the BuildingBuilding and Landlord shall not be required to insure against any such losses. In the event Tenant desires any of the aforementioned services shall cooperate fully in amounts in excess of those24 and Landlord’s efforts to maintain security in the event Building and shall follow all regulations promulgated by Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional serviceswhich respect thereto. Failure The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby resulting therefrom.25therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Vendingdata Corp), Lease Agreement (Elixir Gaming Technologies, Inc.)
Services to be Furnished by Landlord. Provided A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services:
1. Water for use in the lavatories on the floor(s) on which the Premises is not located. If Tenant desires water in default under the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the provisions Building's HVAC system and/or shall be furnished upon the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 P.M. at least one Business Day in advance of the date for which such usage is requested. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time (as of the date of this Lease, and Landlord's cost for such service is $60.00 per hour (or fractional hour), which charge may be subject to reimbursement pursuant change from time to Section 4.02 above, Landlord shall provide the following services during standard hours time to reflect changes in Landlord's direct or indirect costs of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdaysproviding such service).
(a) Public utilities shall be caused to furnish the Premises with electricity 3. Maintenance and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points repair of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and consistent location.
4. Janitor service on Business Days in accordance with the operation and maintenance of the Building cleaning specifications attached hereto as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basisExhibit G, excluding Saturdaysor such other reasonably comparable specifications designated, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided from time to time, by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingLandlord; provided, however, Landlord shall not be liable to Tenant if Tenant's use, floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional other improvements require special services, Tenant shall pay Landlord the additional cost reasonably attributable thereto as Additional Rent hereunder Base Rental.
5. Passenger elevator service in common with other tenants of the cost Building.
6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of providing these additional servicesthis Lease.
7. Failure The failure by Landlord to any extent to furnish any of the above servicesfurnish, or the interruption or termination of, any cessation thereofservices in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlymachinery.
B. Tenant expressly acknowledges that if Landlord, but Tenant shall have no right from time to terminate this 20 See Exhibit F Addendumtime, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities elects to provide sufficient power security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account failure of any interruption in service occasioned thereby resulting therefrom.25such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.
Appears in 2 contracts
Samples: Sublease (Acacia Research Corp), Office Lease (Acacia Research Corp)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Leasefollowing services, and subject to reimbursement pursuant any limitations which may be imposed thereon from time to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.time by any governmental authority:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air conditioning;20conditioning in season, at such temperatures, and during such business hours as are deemed standard by Landlord from time to time; however, heating and air-conditioning services at times other than for normal business hours for the Building (which for purposes of this Lease shall be 7:00 o'clock a.m. to 6:00 o'clock p.m. Monday through Friday, excluding holidays, and 8:00 o'clock a.m. to 12:00 o'clock noon on Saturday, excluding holidays) shall be furnished only at Landlord's discretion upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least three (3) days in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service, but such cost shall not exceed Landlord's actual cost, which cost shall not be increased except as a result of the increase in the cost of utilities supplied by the applicable utility company.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent standard.
(c) Janitor service, Mondays through Fridays, but exclusive of normal business holidays substantially in accordance with Landlord's Building Standard specifications; except that, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the operation and maintenance additional cleaning cost attributable thereto as additional rent upon presentation of the Building as a first-class office building in the Central Business District (CBD) of 21;statement therefore by Landlord.
(d) Janitorial service on a five (5) day week basisSubject to the provisions of Paragraph 13, excluding Saturdays, Sundays Building Standard facilities to provide electrical current sufficient to illuminate the Premises and legal holidays;for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by All Building Standard fluorescent bulb replacement in the building standard system, then Premises and fluorescent and incandescent bulb replacement in the additional air conditioning installation Common Areas and corresponding operating costs will be the separate obligation of the Tenant;Service Areas.
(f) Initial lampsAccess to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate; however, bulbsTenant and its employees shall have access to the Premises 24 hours a day, starters and ballasts used within the Premises; and
(g) Security for the Building; provided7 days a week. Landlord, however, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of, the above-described services in whole or in part resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or propertyrespect, nor shall that event not be construed as an eviction of Tenant, nor result in cause an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25an
Appears in 2 contracts
Samples: Sublease Agreement (Landacorp Inc), Sublease Agreement (Landa Management Systems Corp)
Services to be Furnished by Landlord. Provided (a) Landlord agrees to furnish Tenant is not with the following Building systems and services: (i) hot and cold water service for use in default under any lavatories on each floor on which the Premises are located; (ii) domestic cold water through the base Building system; (iii) condenser-water, preconditioned and delivered through the condenser loop of the Building to supply Tenant specific heating, ventilating and air-conditioning systems serving areas other than the Laboratory Area within the Premises and the refrigeration systems within the Laboratory Area; (iv) tempered fresh air (HVAC) delivered through the base Building system; (v) drainage system for domestic water and sanitary waste at locations approved and designated by Landlord; (vi) a back-up generator providing for emergency lighting of common areas of the Building; (vii) maintenance and repair of the Premises and Property, to the extent and as described in Section 10(b); (viii) elevator service; (ix) electricity to the Premises, in accordance with and subject to the terms and conditions in Article 11 of this Lease; (x) card key access and a lock system to the Premises 24 hours a day, 7 days a week; and (xi) such other services as Landlord reasonably determines are necessary or appropriate for the Property, which may include security. Landlord's expenses incurred in maintaining, repairing and operating the Building systems and providing the foregoing services shall be Expenses payable by Tenant in accordance with the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and Landlord's failure to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofinterruption or termination of, resulting from causes services or utilities due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord, Landlord (a "Service Failure") shall not render Landlord liable in any respect for damages to either person or propertyTenant, nor shall that event be construed as an constitute a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s obligations hereunder 's Property (includingdefined in Article 16), but not limited to, arising out of or in connection with the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account failure of any interruption in service occasioned thereby resulting therefrom.25security services, personnel or equipment, provided that Landlord's and/or its employee's acts, omissions or negligence did not contribute to or cause the loss or damage.
Appears in 2 contracts
Samples: Lease Agreement (Kolltan Pharmaceuticals Inc), Lease Agreement (Kolltan Pharmaceuticals Inc)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant with the following services: (1) Water service for use in the lavatories on each floor on which the Premises are located; (2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is not in default under any reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; (3) Maintenance and repair of the provisions of this LeaseProperty as described in Section IX.B; (4) Landlord does not provide Janitorial services inside Tenants premises. If Tenant’s use, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following floor covering or other improvements require special services during standard hours of operation in excess of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security services for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay the additional cost, attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7) such other services as Landlord as Additional Rent hereunder reasonably determines are necessary or appropriate for the cost of providing these additional servicesProperty. Failure by Landlord Landlord’s failure to any extent to furnish any of the above servicesfurnish, or any cessation thereofinterruption or termination of, resulting from causes services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord, Landlord (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person or propertyTenant, nor shall that event be construed as an constitute a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement, provided Landlord makes reasonable effort to restore such services as soon as possible. However, if the Premises, or a material portion of the Premises, is made untenable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s obligations hereunder Property (includingdefined in Article XV), but not limited to, arising out of or in connection with the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account failure of any interruption in service occasioned thereby resulting therefrom.25security services, personnel or equipment.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide to Tenant, at no additional or separate charge to Tenant, the level and quality of services typically provided by Landlords of office buildings comparable to the Building within a three mile radius of the Building and Tenant shall be entitled to install and operate photocopiers, telephone and telecopy equipment, word processing equipment, computers and other equipment customarily used in comparable office space in such area without additional charge. Landlord agrees to furnish Tenant the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered standard for buildings comparable to the Building within a three mile radius of the Building or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time to time. Tenant shall comply with energy conservation programs implemented by Landlord by reason of enacted laws or ordinances.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord standard for buildings comparable to be standard and consistent with the operation and maintenance Building within a three mile radius of the Building as a first-class office building in the Central Business District (CBD) of 21;Building.
(dc) Janitorial Janitor service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, Landlord shall not be liable to Tenant if Tenant's floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesother improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by, Landlord.
(d) Subject to the provisions of Paragraph 11 hereof, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (See Addendum, Section 9).
(e) All fluorescent bulb replacement in the Premises necessary to maintain the lighting provided by Landlord as Additional Rent hereunder set forth in the cost Work Letter Agreement attached hereto as EXHIBIT "D" as a part of providing these additional servicesthe Building Standard Materials and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Passenger elevators for ingress and egress to and from the floor of the Premises during Normal Business Hours and with at least one passenger elevator available at all other times.
(g) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Failure Tenant shall cooperate fully in Landlord's efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. (See Addendum, Section 6). Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, FORCE MAJEURE or any other causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). covenant or agreement hereof Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlybut, but except as otherwise expressly provided herein, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Except as expressly provided herein, Landlord shall not be required to make any repairs to or maintain the Premises. (See Addendum, Section 8). Notwithstanding anything to the contrary set forth in this Lease, if there is any material slow-down, interruption or stoppage of any of the services required to be provided by Landlord pursuant to this Lease, and if Landlord has failed to commence to cure or remedy such problem within ten (10) days after Tenant's prior written notice thereof, or if Landlord should fail thereafter to proceed diligently to remedy such problem, then provided that the problem has a material adverse effect on the habitability of the Premises or a portion thereof and Tenant has ceased to use or occupy the portion of the Premises affected, Tenant shall have the right to xxxxx rent by submitting to binding arbitration.
Appears in 2 contracts
Samples: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)
Services to be Furnished by Landlord. Provided Tenant is not in default (a) So long as no Event of Default exists under any of the provisions of this Lease, and subject Landlord agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish Tenant the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a1) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Project in accordance with Section 6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar class office buildings within a three (3) mile radius of the Building or as required by governmental authorities (including energy conservation requirements).
(c2) Routine maintenance, painting and electric lighting service maintenance for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(d3) Janitorial service on a service, five (5) day week basisdays per week, excluding Saturdaysexclusive of Normal Business Holidays, Sundays and legal holidays;at a level comparable to that provided in similar class office buildings within a three (3) mile radius of the Building.
(e4) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by All Building Standard fluorescent and incandescent bulb and ballast replacement in the building standard systemPremises, then the additional air conditioning installation Common Areas and corresponding operating costs will be the separate obligation of the Tenant;Service Areas.
(f5) Initial lamps, bulbs, starters and ballasts used within Tenant shall have access to the Premises; and
(g) Security for the Building; Building at all times provided, however, except during Normal Business Hours access to the Building (or to the floor on which the Premises are located) shall be limited through the use of master entry cards and/or keys. Tenant shall receive fifty (50) master entry cards and/or keys for the Premises. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall be $3.50 per key and the cost of additional cards shall be $20.00 per card. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, contractors, invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the BuildingPremises or on the Project. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the Premises and other security devices within the Premises provided Tenant affords Landlord the ability to gain access to the Premises in circumstances expressly permitted by this Lease.
(6) Electricity and proper facilities to furnish (A) Building Standard lighting (which shall be defined as an average load of two [2] xxxxx per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”), provided that Tenant’s Miscellaneous Power requirements shall not exceed six (6) xxxxx per square foot of Rentable Area of the Premises, of connected load or two (2) xxxxx per square foot of Rentable Area of the Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or more separate watt hour meters), or require a voltage greater than 120/208 volts 3-phase or require more than 500 xxxxx for any piece of equipment (the “Building Standard Electrical Design Load”). In the event Landlord determines that Tenant desires any of the aforementioned services in amounts will require, or is consuming, special lighting in excess of those24 Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord’s engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs.
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) Suite 120 and Suite 232 (the server room adjacent to Suite 260) shall be separately metered and heating and air conditioning shall be available to Tenant in such suite 24 hours a day, seven days a week. Heating and air conditioning during other than Normal Business Hours shall be furnished for Suite 260 (excluding Suite 232) only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord elects agrees to provide these any additional servicesservices at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall pay reimburse Landlord as Additional Rent hereunder for the cost of providing these such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional services. Failure service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord to any extent to furnish any of the above serviceshereunder, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to either person persons or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement set forth in this Lease. Should any of the equipment or machinery utilized in supplying the such services listed herein for any cause cease to function properlybe interrupted, Landlord shall use reasonable diligence to repair that equipment or machinery restore the same promptly, but Tenant shall have no right claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to terminate this 20 See Exhibit F AddendumSection 24 (Casualty Damage) and Section 25 (Condemnation), Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors if any portion of the Premises 24 To be provided as set forth above in becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 7.02 Lease9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall have no claim for a reduction, allow Tenant an equitable abatement or rebate of Rent or damages (based on account the severity of any the interruption in and the amount of space unfit for occupancy) effective from the sixth (6th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such portion of the Premises is again fit for occupancy and such service occasioned thereby resulting therefrom.25is restored.
Appears in 1 contract
Samples: Office Lease Agreement
Services to be Furnished by Landlord. Provided Landlord agrees to furnish ------------------------------------ Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building,
(b) The HVAC System (as hereinafter defined), central heat and air conditioning;20as reflected on the Shell Plans (as defined in Exhibit "D" attached hereto); -----------
(c) Routine maintenance, painting landscaping and electric lighting service for all Common Areas and special service external areas of the Building and all Common Areas in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building customary in Comparable Buildings (as a first-class office building in the Central Business District (CBD) of 21hereinafter defined);
(d) Janitorial Janitor service on Business Days (provided, however, if Tenant's floor covering or other improvements require special treatment and such treatment is requested by Tenant, Tenant shall pay the actual additional cleaning cost incurred by Landlord and attributable thereto as additional rent upon presentation of a five (5statement therefor by Landlord) day week basis, excluding Saturdays, Sundays and legal holidayssuch exterior window washing as is customary with Comparable Buildings;
(e) 22 If any Subject to the provisions of Paragraph 11 hereof, facilities to provide all ------------ electrical equipment installed23 requires air conditioning capacity above that provided current required by the building standard system, then the additional air conditioning installation Tenant in its use and corresponding operating costs will be the separate obligation occupancy of the Tenant;Premises.
(f) Initial lamps, bulbs, starters All fluorescent bulb replacement in the Premises necessary to maintain the lighting provided by Landlord as set forth in the Work Letter Agreement attached hereto as Exhibit "D" and ballasts used within fluorescent and incandescent bulb ----------- replacement in the PremisesCommon Areas;
(g) Passenger elevators for ingress and egress to and from the floors of the Building at all times; and
(gh) Security for Trash removal service from outside receptacles. Except as otherwise expressly provided herein, the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure failure by Landlord to any extent to furnish any furnish, or the interruption or termination of the above servicesthese defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, force majeure, unavailability of utilities from a service ----- ------- provider, interruptions of utilities caused by repairs, construction, or any cessation thereof, resulting from other causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in cause an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlybut, but except as otherwise expressly provided herein, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Except as expressly provided herein, Landlord shall not be required to make any repairs to or maintain the Premises. Tenant shall have primary responsibility for security for and within the Building. Notwithstanding anything herein contained, if Tenant is prevented from making reasonable use of the Building or the Parking Facilities because of the unavailability of any of the said services provided by Landlord (a) for more than five (5) consecutive Business Days, or (b) for more than twelve (12) Business Days during any consecutive twelve (12) month period during the Lease Term, and Tenant did not cause and Landlord reasonably could have avoided such unavailability, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such 5-day or 12-day period, as the case may be) -- that Tenant is so prevented from making reasonable use of the Building or the Parking Facilities; provided, however, days for which rent is not charged shall not be utilized for any other calculation of abatement of rent.
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Services to the Building and Premises shall be provided as follows:
1. If Tenant is not in default under any leasing 100% of the provisions rentable area in the Building or if Tenant's Pro Rata Share, as defined in Section I.E. above, is 100% (in either event, for purposes of this Lease, and subject to reimbursement pursuant to Section 4.02 aboveTenant shall be deemed the "Sole Tenant of the Building"), Landlord shall provide make available to the exterior of each of the 2051 Building and the 2061 Building (but shall not be responsible for actually providing) the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish Water service for use in the lavatories on each floor on which the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
are located; (b) Hot Heat and cold water at those points of supply provided air conditioning for general the comfortable use of other tenants the Premises by Tenant; (c) Electricity to the Premises for its use, in accordance with and subject to the terms and conditions in Article X; and (d) gas for boilers of the Buildings and water heaters, if any. Notwithstanding the foregoing, Tenant shall contract directly for the provision of all of the foregoing services. If Tenant is the Sole Tenant of the Building, central heat in addition to the foregoing, Tenant shall provide at its cost the following services: (i) Janitor service on Business Days; (ii) pest control service for the Common Areas of the Building; and (iii) refuse collection for the Building. Landlord shall be responsible for washing the exterior windows of the Buildings no less than two times annually, the cost thereof shall be part of Expenses. Tenant shall maintain and repair the Premises in accordance with the terms of Section IX.A. If by mutual agreement between Landlord and Tenant, or by operation of law or otherwise, Tenant is not the Sole Tenant of the Building or is otherwise not required to provide the above services, then, at Landlord's request and, at Landlord's option, as a condition to Landlord providing the services described in Section VII.A.2 below, Tenant shall transfer to Landlord any utility accounts and/or service contracts (including, without limitation, any maintenance service agreements entered into by Tenant, as described in Section IX.A. below or otherwise) relating to all or any of the services to be provided by Landlord described in Section VII.A.2. below, and Tenant shall otherwise cooperate with Landlord in transferring control of, and responsibility for, such services from Tenant to Landlord. Tenant shall remain liable for all sums incurred in connection with such accounts or service contracts relating to the period prior to the date such accounts and service contracts are transferred to, and assumed by, Landlord.
2. If Tenant is not the Sole Tenant of the Building (as defined in Section VII.A.1. above), subject to the terms of the second paragraph of Section VII.A.1. above, Landlord agrees to provide the following services:
(a) Water service for use in the lavatories on each floor on which the Premises are located; (b) Heat and air conditioning;20
conditioning in season during Normal Business Hours at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority, provided that, Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours and Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; (c) Routine maintenanceJanitor service on Business Days, painting provided if Tenant's use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (d) Electricity to the Premises for general office use, in accordance with and electric lighting service subject to the terms and conditions in Article X; (e) gas for all Common Areas and special service areas boilers of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of water heaters serving the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basisgenerally, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
if any; (f) Initial lamps, bulbs, starters and ballasts used within pest control service for the PremisesCommon Areas of the Building; and
(g) Security refuse collection for the Building; provided, however, (h) such other services as Landlord shall not be liable to Tenant reasonably determines are necessary or any employee, invitee, licensee or sublessee of Tenant appropriate for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In , the event Tenant desires any of Property or the aforementioned services in amounts in excess of those24 Project; and in (i) elevator service for the event Landlord elects Buildings.
B. Landlord's failure to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofinterruption or termination of, resulting from causes services required to be provided or made available by Landlord pursuant to this Lease due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord, Landlord (a "Service Failure") shall not render Landlord liable in any respect for damages to either person or propertyTenant, nor shall that event be construed as an constitute a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a portion of the Premises, is made reasonably unusable for the Permitted Use for a period in excess of 3 consecutive Business Days as a result of a Service Failure (other than a Service Failure in connection with Tenant’s 's failure to perform Tenant's obligations under this Lease, in which event Tenant shall not be entitled to any abatement or other remedy), then Tenant, as its sole remedy (subject to the last sentence of this Section VII.B), shall be entitled to receive an abatement of Rent payable hereunder (including, but during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not limited tobeen rendered untenantable by the Service Failure, the payment amount of Rent). Should any of abatement that Tenant is entitled to receive shall be prorated based upon the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors percentage of the Premises 24 To rendered reasonably unusable for the Permitted Use and not used by Tenant. In no event, however, shall Landlord be provided as set forth above liable to Tenant for any loss or damage, including the theft of Tenant's Property (defined in this Section 7.02 LeaseArticle XV), and shall have no claim for a reduction, abatement arising out of or rebate of Rent or damages on account in connection with the failure of any interruption in service occasioned thereby resulting therefrom.25security services, security personnel or security equipment. In the event a Service Failure is caused by the gross negligence, active negligence or willful misconduct of Landlord or Landlord's agents or contractors, such abatement of Base Rent shall not be Tenant's sole remedy but the parties hereto acknowledge and agree that Tenant shall not be entitled to receive more than Tenant's actual damages; it being agreed that, notwithstanding anything to the contrary contained herein, Tenant hereby waives any claim it may otherwise have for consequential, special or indirect damages as a result of the above.
Appears in 1 contract
Samples: Office Lease Agreement (Actel Corp)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide with the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
services: (a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b1) Hot and cold water at those points of supply provided service for general use of other tenants in the Building, central heat lavatories on each floor on which the Premises are located; (2) Heat and air conditioning;20
conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; Landlord’s current hourly charge for additional, after hours HVAC is Thirty-five Dollars (c$35.00) Routine maintenanceper hour, painting and electric lighting service for all Common Areas and special service areas per floor in each of the Building in the manner Lakeside Buildings; (3) Maintenance and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance repair of the Building Property as a first-class office building described in the Central Business District Section IX.B.; (CBD4) of 21;
(d) Janitorial Janitor service on a five (5) day week basisBusiness Days as outlined in Exhibit F. If Tenant’s use, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned other improvements require special services in amounts in excess of those24 and the standard services for the Building or for comparable buildings in the event Landlord elects to provide these additional servicescentral Perimeter submarket, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7) such other services as Landlord as Additional Rent hereunder reasonably determines are necessary or appropriate for the cost of providing these additional services. Failure by Landlord Property.
B. Landlord’s failure to any extent to furnish any of the above servicesfurnish, or any cessation thereofinterruption or termination of, resulting from causes services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord, Landlord (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person or propertyTenant, nor shall that event be construed as an constitute a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is madeuntenantable or if Tenant is unable to operate its business for the Permitted Use as a result of the Service Failure for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. Except in cases involving the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees, in no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s obligations hereunder Property (includingdefined in Article XV), but not limited to, arising out of or in connection with the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account failure of any interruption in service occasioned thereby resulting therefrom.25security services, personnel or equipment.
Appears in 1 contract
Samples: Sublease Agreement (Homebanc Corp)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of services:
(1) Water for use in the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., lavatories on Saturdaysthe floor(s) on which the Premises is located.
(a2) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central Central heat and air conditioning;20conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time (which are currently $65/hour, subject to change), as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent.
(c3) Routine maintenance, painting Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;location.
(d4) Janitorial and cleaning service in and about the Premises on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord.
(5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease.
(6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(7) Access control to the Building during other than Normal Business Hours shall be provided in such form, as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Notwithstanding anything herein to the contrary, Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in any manner for failure of any access personnel, services, procedures or equipment to Tenant or any employeeprevent, invitee, licensee or sublessee of Tenant for losses due to theft or burglarycontrol, or for damages done by unauthorized persons apprehend anyone suspected of causing personal injury or damage in, on or around the Property.
B. If Tenant requests any other utilities or building services in the Building. In the event Tenant desires addition to those identified above, or any of the aforementioned above utilities or building services in amounts in excess of those24 and in frequency, scope, quality or quantities substantially greater than the event standards set by Landlord elects for the building, then Landlord shall use reasonable efforts to provide these attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable liability in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlymachinery. If, but however, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for is prevented from using the operation Premises because of the general banking and office unavailability of any such service for a period of five (5) consecutive business purposes days following Landlord’s receipt from Tenant of a written notice regarding such unavailability, the Tenant, including all restoration of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Leasewhich is within Landlord’s reasonable control, and shall have no claim such unavailability was not caused by a Tenant Party or a governmental directive, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Base Rent for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25each consecutive day (after such 5-day period) that Tenant is so prevented from using the Premises.
Appears in 1 contract
Samples: Office Lease Agreement (VirtualArmour International Inc.)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused So long as no Event of Default exists under the Lease pursuant to which Landlord has exercised one or more remedies under Section 27, Landlord agrees to furnish Tenant the Premises with electricity and water utilized in operating any and all facilities serving the Premises;following services:
(b1) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning in season, during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar Class A office buildings within the Market Area or as required by governmental authority (including energy conservation requirements). If Tenant will require water supply other than as provided in the preceding sentence, or if Tenant requires chilled water in connection with any supplemental air conditioning equipment servicing the Premises, Landlord may install separate meters at the cost of Tenant. Landlord may elect to have all charges for the water services (including chilled water) separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs.
(c2) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building Service Areas in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class for Class A office building buildings in the Central Business District (CBD) of 21;Market Area.
(d3) Janitorial service on a Janitor service, five (5) day week basisdays per week, excluding Saturdaysexclusive of Normal Business Holidays, Sundays and legal holidays;at a level comparable to that provided in similar Class A office buildings within the Market Area.
(e4) 22 All Building Standard flourescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas.
(5) Limited access to the Building during other than Normal Business Hours through the use of master entry cards and/or keys. Tenant shall receive three (3) master entry cards and/or keys for each one thousand (1,000) square feet of Rentable Area in the Premises. Tenant shall reimburse Landlord for the cost (plus applicable sales tax) of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. LANDLORD SHALL HAVE NO LIABILITY TO TENANT, ITS EMPLOYEES, AGENTS, CONTRACTORS, INVITEES, OR LICENSEES FOR LOSSES DUE TO THEFT OR BURGLARY (OTHER THAN THEFT OR BURGLARY COMMITTED BY EMPLOYEES OR CONTRACTORS OF LANDLORD), OR FOR DAMAGES DONE BY UNAUTHORIZED PERSONS ON THE PREMISES OR THE COMPLEX. Tenant shall cooperate fully in Landlord's efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit "C".
(6) Electricity and proper facilities to furnish (A) Building Standard lighting (which shall be defined as an average load of two (2) wattx xxx square foot multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption ("Miscellaneous Power"), provided that Tenant's Miscellaneous Power requirements shall not exceed eight (8) wattx xxx square foot of connected load (the "Building Standard Electrical Design Load"). If Tenant will require, or is consuming, special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any electrical equipment installed23 requires additional equipment, such as transformers, risers and supplemental air conditioning capacity equipment, which Landlord's engineer reasonably deems necessary to accommodate such above that standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. If separate utility meters are provided by to the building standard systemPremises, then Landlord may elect to have all charges for the additional utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs.
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager (however, all of the foregoing shall be subject to the Rules and Regulations for the Building and temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems).
(8) Heating and air conditioning installation and corresponding operating costs will be during Normal Business Hours in quantities which maintain temperatures which are standard for Class A office buildings in the separate obligation of the Tenant;Market Area.
(f9) Initial lampsHeating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant, bulbs, starters and ballasts used within the Premises; and
(g) Security Tenant shall reimburse Landlord for the Building; actual cost incurred by Landlord to provide such service provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the actual costs incurred by Landlord in providing such service. If any other tenant within the same HVAC zone as the Premises also requests after hours heating or air conditioning during the same period as Tenant, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in equitably allocate the Building. In cost thereof among all tenants within the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event same zone requesting such service.
(b) If Landlord elects agrees to provide these any other additional servicesservices at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of building personnel, and, if the provision of any such service requires Landlord to incur out-of-pocket cost, Tenant shall pay reimburse Landlord as Additional Rent hereunder for the cost of providing these such service (plus an administrative charge equal to ten percent (10%) of cost plus applicable sales tax) within ten (10) days following receipt of invoice. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional services. Failure service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord to any extent to furnish any of the above services, services hereunder or any cessation thereof, resulting from causes beyond the control of Landlord, thereof shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized in supplying the such services listed herein for any cause cease to function properlybe interrupted, Landlord shall use reasonable diligence to repair that equipment or machinery restore the same promptly, but Tenant shall have no right claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to terminate this 20 See Exhibit F AddendumSection 24 (Casualty Damage) and Section 25 (Condemnation), Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation if there is a failure or interruption of the general banking Essential Services (defined below) for any period exceeding five (5) consecutive days, and office business purposes provided such failure is caused by and within the reasonable control of Landlord and is not caused by Tenant or any Tenant Related Party (as defined in Section 22(b)), Landlord shall allow Tenant an equitable abatement of Rent (based on the severity of the Tenant, including all failure or interruption) effective from the sixth (6th) day following the earlier to occur of its special machines and equipment 23 On (i) the 18th and 19th floors date on which Tenant first provided Landlord with written notice of the Premises 24 To be provided as set forth above in this Section 7.02 Leaseinterruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such Essential Services are restored. As used herein, the term "Essential Services" means and refers to the following services: water, heating, ventilation and air conditioning, and electricity. Notwithstanding the foregoing, if and to the extent there is an interruption of Essential Services and Landlord would be entitled to receive proceeds from rent loss insurance carried by Landlord (to the extent actually carried by Landlord) should Landlord give Tenant an abatement of rent due to said interruption, then in that event Landlord shall have no file a claim for a reduction, rent loss insurance proceeds and Tenant shall receive an equitable abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25equal to the rent loss insurance proceeds actually received by Landlord.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any As a part of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 aboveOperating Costs, Landlord shall provide furnish the following services during standard hours services:
a. Tenant may have entry at all times to the Parking Garage by card key system or by such other method as is chosen by Tenant. Tenant shall have access to the Premises on a 24-7 basis, subject only to such security procedures as Tenant may elect from time to time.
b. Tenant shall have full use of operation of all elevators in the Building. These standard hours of operation are 7 a.m. , subject to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdayscall.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) c. Hot and cold water at those points of supply provided for general use of other tenants in the Building, Plans and Specifications; central heat and air conditioning;20conditioning as provided for in the Plans and Specifications, at such temperatures and in such amounts as are desired by Tenant consistent with the capacity of the HVAC facilities described in the Plans and Specifications.
(c) d. Routine maintenance, painting maintenance and electric lighting service for all Common Areas public areas and special service areas of the Building in the manner Project.
e. Janitorial service as requested by Tenant from time to time.
f. Electrical facilities and to the extent deemed by Landlord to be standard and sufficient power for Tenant’s office equipment consistent with the operation capacities described in the Plans and maintenance Specifications. Any additional equipment, feeders or risers necessary to supply Tenant’s electrical requirements in excess of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that amount to be provided by Landlord pursuant to this subsection shall be supplied by Landlord at the building standard systemexpense of Tenant, then and only if such installations will not, in Landlord’s judgment, overload the additional air conditioning installation and corresponding operating costs will be the separate obligation electrical system of the Tenant;Project or entail excessive or unreasonable alterations to the Project.
(f) Initial lamps, bulbs, starters g. Replacement of Building standard fluorescent bulbs in all areas and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons incandescent bulbs in the Building. In Notwithstanding the event foregoing, upon reasonable prior notice, Tenant desires may request modifications, cessation or additions to the services provided by Landlord and/or to the service providers being used, which such additions or modifications shall be included within Operating Costs. Upon any of such request, Landlord agrees to use commercially reasonable efforts, at no cost to Landlord, to accommodate such request, provided that, Landlord shall always have the aforementioned services in amounts in excess of those24 sole and exclusive right to appoint the property manager. Notwithstanding the foregoing, in the event Landlord elects to provide these additional servicesthat the property manager is not affiliated with Xxxxx Partners, LLC or Xxxx X. Xxxxx, Tenant shall pay Landlord as Additional Rent hereunder have the cost of providing these additional services. Failure by Landlord right to any extent request a change to furnish any the property manager at the end of the above services, or any cessation thereof, resulting from causes beyond the control term of Landlord, shall not render Landlord liable such property manager’s agreement (but in any respect for damages to either person or property, nor shall that no event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of later than one (1) year after Tenant’s obligations hereunder (includingrequest), but only if the Project is not limited tobeing operated in a manner comparable to other first class office buildings in the Nashville, Tennessee market (the payment of Rent“Operating Standard”). Should any , and if such failure is not cured within sixty (60) days after written notice to Landlord and the property manager, which notice specifies the ways in which the management of the equipment or machinery utilized in supplying Project does not meet the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25Operating Standard.
Appears in 1 contract
Samples: Lease Agreement (Amsurg Corp)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of as Standard Operating Costs and Variable Operating Expenses for the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Building (except as specifically provided below):
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than "Normal Business Hours" for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal holidays), shall be furnished to Tenant on a twenty-four (24) hour per day basis, three hundred sixty-five (365) days per year. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time, except that Landlord shall provide Tenant heating and air conditioning from 7:00 a.m. to 8:00 a.m., free of charge (Monday through Friday). Such costs shall be included in the Variable Operating Expenses to be paid by Tenant pursuant to the Lease.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a service, five (5) day week basisdays a week, excluding Saturdays, Sundays and legal holidays;
exclusive of Normal Holidays (e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Buildinghereinafter defined); provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. For purposes of this Section 4.04 to the Lease, normal holidays ("Normal Holidays") shall be defined as New Years Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
(d) Subject to the provisions of Section 4.04(h), facilities to provide all electrical current required by a typical office user, as determined by Landlord, in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas of the Building.
(f) Security in the form of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord may charge a fee for card keys or other security devices. Landlord, however, shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by resulting from the actions of unauthorized persons on the Premises or in the BuildingBuilding and Landlord shall not be required to insure against any such losses. In the event Tenant desires any of the aforementioned services shall cooperate fully in amounts in excess of those24 and Landlord's efforts to maintain security in the event Building and shall follow all regulations promulgated by Landlord elects which respect thereto.
(g) Access to provide these additional servicesthe Premises, Tenant the Building, and the parking facilities twenty-four (24) hours a day, seven (7) days per week and fifty-two weeks per year; provided, however, such access shall pay Landlord as Additional Rent hereunder be limited by the cost of providing these additional services. Failure Building access system, parking facilities access system, and temporary closures that may be necessary to maintain the Building and/or parking facilities.
(h) [Intentionally Omitted.] The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby resulting therefrom.25therefrom.
Appears in 1 contract
Samples: Lease Agreement (Expedia Inc)
Services to be Furnished by Landlord. Provided 7.1 Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.defined services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building.
(b) Central heat, central heat ventilation and air conditioning;20conditioning (“HVAC”) at such temperatures and in such amounts as are required to satisfy the following specifications: (i) during Spring and Summer months, interior temperatures ranging from 68-76 degrees fahrenheit, with relative humidity between 40-60%, and (ii) during Fall and Winter months, interior temperatures ranging from 68-72 degrees fahrenheit, with relative humidity between 40-60%, HVAC services at times other than “Normal Building Hours” shall be furnished only upon the request of Tenant on the day such usage is required. Tenant shall bear the entire cost of such additional services as such cost is determined by Landlord periodically.
(c) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(d) Janitorial service on service, five days per week, exclusive of normal business holidays and high dusting at least four (4) times each month. If, however, Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;statement therefor by Landlord or a representative of Landlord.
(e) 22 If any Subject to the provisions of Paragraph 12, facilities to provide all electrical equipment installed23 requires air conditioning capacity above that provided current required by the building standard system, then the additional air conditioning installation Tenant in its use and corresponding operating costs will be the separate obligation occupancy of the Tenant;Premises.
(f) Initial lamps, bulbs, starters All Building Grade fluorescent bulb replacement in the Premises and ballasts used within fluorescent and incandescent bulb replacement in the Premises; andCommon Areas and Service Areas.
(g) Security for Access to the BuildingBuilding during Normal Building Hours; providedprovided that Tenant shall have access to the Building and Premises on a 24 hours per day, 7 days per week basis, subject to Landlord’s reasonable security regulations and requirements. Landlord, however, Landlord shall not be liable have no liability to Tenant or any employeeTenant, inviteeits employees, licensee or sublessee of Tenant agents, invitees, licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to maintain security in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 Building and in the event shall follow all regulations promulgated by Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure with respect thereto.
7.2 The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of, the defined services in whole or in part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction (constructive or otherwise) of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from obligation to fulfill any covenant or agreement of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). this Lease.
7.3 Should any of the equipment or machinery utilized used in supplying the provision of defined services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Notwithstanding the foregoing, if Building services to be provided by Landlord to Tenant pursuant to the Lease are interrupted as a result of Landlord’s negligence or Landlord’s default under this Lease, and such interruption continues for more than three (3) business days after Tenant gives Landlord written notice of such interruption; and if such interruption renders all or a portion of the Premises untenantable, and if the restoration of such services is within the reasonable control of Landlord, then Base Rent and Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses shall axxxx beginning on the fourth (4th) business day of such interruption and continuing until such services are restored. Such abatement shall be in a proportion corresponding to the proportion of the Premises so rendered untenantable.
7.4 Except as otherwise expressly provided herein, Landlord shall not be required to make any repairs to the Premises.
(a) Notwithstanding any provision in this Lease to the contrary, no services shall be rendered to Tenant under this Lease if, in Landlord’s opinion, such service would, within the meaning of the United States Treasury Income Tax Regulation Section 1.512(b)-l (c)(5), be rendered to Tenant primarily for its convenience and would be other than a service that is usually or customarily rendered to lessees in first class office buildings in Maitland, Florida (a “Special Service”). If Tenant shall desire any Special Service, Tenant may (subject to Landlord approval) obtain the same from Landlord’s independent contractor if the same is available therefrom. Tenant shall negotiate for such Special Service directly with such independent contractor, and shall separately compensate the independent contractor (at rates to be mutually agreed upon by Tenant and such independent contractor) for any Special Services the independent contractor renders to Tenant. Any Special Services rendered to Tenant by the independent contractor shall be rendered by the independent contractor for its own account and at its sole cost and expense. Landlord acknowledges that (except as provided in Paragraph 7.1 (d) hereof with respect to extra janitorial services) the services contemplated to be provided by Landlord pursuant to Section 7.1 hereof are not Special Services.
(b) Any service, other than a Special Service, required to be rendered to Tenant by Landlord hereunder shall be rendered on behalf of Landlord by Landlord’s independent contractor, unless Landlord elects to render such services directly to Tenant, provided that such delegation shall not relieve Landlord of its obligations under this Lease,
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant the following services some of which are solely Tenant’s expense and some of which are for a pro-rata share of increases over a base year of 2006 all as provided in more detail in Exhibit C incorporated herein by reference:
(1) Water for use in the lavatories on the floor(s) on which the Premises is not located. If Tenant desires water in default under the Premises for any approved reason,. including a private lavatory or kitchen, cold water shall be supplied, at Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of Landlord; unless such work is expressly included in the provisions of this Leaseallowance for tenant improvements provided for in Exhibit D. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to reimbursement pursuant to Section 4.02 abovethe prior reasonable consent of Landlord, Landlord may install a hot water heater in the Premises. Tenant shall provide be solely responsible for the following services during standard hours maintenance and repair of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdaysany such water heater.
(a2) Public utilities shall be caused to furnish the Premises with electricity Maintenance and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points repair of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and consistent location.
(3) Electricity to the Premises in accordance with and subject to the operation terms and maintenance conditions of Section 11. of this Lease.
B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the Building as a first-class office above utilities or building services in frequency, scope, quality or quantities substantially greater than the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided standards set by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security Landlord for the Building; provided, however, then Landlord shall not be liable use reasonable efforts to attempt to furnish Tenant with such additional utilities or any employee, invitee, licensee building services. Landlord may impose a reasonable charge for such additional utilities or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25machinery.
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant is not the following services:
1. Cold water for use in default under any the existing (as of the provisions date hereof) hallway drinking fountains and hot and cold water for the lavatories and janitorial closets on the floors on which the Premises is located. If Tenant desires water in the Premises for any other reason, including a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water (in addition to the base building lavatories and janitorial closets) in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Core and perimeter heat and air conditioning to the Premises during Normal Business Hours, at such temperatures and in such amounts as are in compliance with the following basic performance conditions attached hereto as Exhibit E, or as required by governmental authority, provided that Landlord shall not be liable for any failure to maintain the temperature ranges set forth in Exhibit E to the extent that such failure arises out of either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Lease, or (b) modifications performed to the HVAC system by Tenant or any contractors retained by Tenant, or (c) Tenant's failure to keep the window covering in the Premises closed during periods when the Premises are exposed to direct sunlight. In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 p.m. of the Business Day for which such usage is requested, or if such usage is requested for other than a Business Day, prior to 3:00 p.m. of the Business Day immediately preceding the day for which service is requested. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, the charge for after hours HVAC service is: $25.00 per hour per quarter floor; $35.00 per hour per half floor; and $45.00 per hour per full floor. If Tenant desires after hour HVAC service for less than a full floor, Tenant's written notice to Landlord shall specify the portion of the floor for which after hours service is required. Landlord shall have the right to increase the rates of after hours HVAC service from time to time during the term of this Lease, provided in no event shall any such increase exceed the corresponding increase to Landlord in the cost of electricity and subject to reimbursement pursuant to Section 4.02 above, labor expended by Landlord shall provide the following services during standard in furnishing such after hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on SaturdaysHVAC service.
(a) Public utilities shall be caused to furnish the Premises with electricity 3. Maintenance and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points repair of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for Class A office buildings in Fairfield, Connecticut.
4. Janitor and consistent cleaning service to the Premises on Business Days in accordance with the operation and maintenance of the Building as a first-class office building in the Central Business District Exhibit F (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingCleaning Specifications); provided, however, Landlord shall not be liable to Tenant if Tenant's use, floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional other improvements require special services, Tenant shall pay Landlord the additional cost reasonably attributable thereto as Additional Rent hereunder Base Rental.
5. Passenger and freight elevator service to both floors of the Premises in common with other tenants of the Building. Subject to the non-operation of certain passenger and freight elevators due to events of Force Majeure or during periods of maintenance, repair, renovation or replacement, Landlord, as part of Basic Costs, shall provide public elevator service from the Building Lobby and Garage to the Premises by six passenger elevators and one freight elevator during Normal Business Hours, provided that, subject to Force Majeure, at least one passenger elevator and one freight elevator shall be available for Tenant's use at all other times. Use of the freight elevator, however, shall be subject to advance scheduling, taking into consideration the scheduled usage of Landlord and the other tenants and occupants of the Building.
6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease.
7. Landlord will maintain not less than one (1) roving security guard at the Building 24-hours per day for each and every day of the Lease Term. Provided that such security guard is on call by radio, walkie talkie or other similar means of communication and is available to provide service to the Building, such security guard may be stationed at the Building or the building commonly known as Three Stamford Plaza and/or may rove between the Building and the building known as Three Stamford Plaza. Landlord shall also (i) maintain sign-in procedures or another comparable method of keeping track of persons entering the Building after Normal Business Hours, and (ii) have closed circuit TV surveillance in selected portions of the Garage and Building lobby areas, which closed circuit cameras shall be monitored by security personnel located at the Building or the building known as Three Stamford Plaza. Notwithstanding the foregoing to the contrary, the means, method or system of security may be reasonably changed and replaced by Landlord, provided that at all times the security system shall be reasonably comparable to the existing security system described above. In making any such changes, Landlord shall use reasonable efforts to assure that the Building's security system is comparable to other first-class office buildings of similar age in Stamford, Connecticut, provided that any decision as to whether the cost of providing these additional services. Failure a particular upgrade will justify the anticipated benefit to be derived therefrom shall be made by Landlord in its reasonable discretion.
B. The failure by Landlord to any extent to furnish any of the above servicesfurnish, or the interruption or termination of, any cessation thereofservices in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence efforts to repair that such equipment or machinery promptly, but Tenant shall have no right as promptly as possible. Notwithstanding anything to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above contrary contained in this Section 7.02 LeaseVII.B. if: (i) Landlord ceases to furnish any service in the Building or Premises which Landlord is required to supply under Article VII.A. above for a period in excess of three (3) consecutive days after Tenant notifies Landlord of such cessation (the "Interruption Notice")(provided that such Interruption Notice shall not be required if Landlord has independent knowledge of the cessation of such service), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises or any portion thereof in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rental and Additional Base Rental payable hereunder during the period beginning on the first (1st) day of such cessation and ending on the day when the service in question has been restored.
C. Landlord shall not be deemed to have no claim for a reduction, abatement or rebate of Rent or damages on account warranted the efficiency of any interruption security personnel, service, procedures or equipment. Notwithstanding the foregoing, Landlord's failure to maintain the security described in service occasioned thereby resulting therefrom.25Section VII.A.7 above shall be considered to be a default by Landlord.
Appears in 1 contract
Samples: Office Lease (Trenwick Group Inc)
Services to be Furnished by Landlord. Provided A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant is not in default under any of within the provisions of this Lease, Premises and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the Limited Common Areas the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b1) Hot and cold water for use in the lavatories in the Limited Common Areas and in any private lavatories and kitchens in the Premises, and at those points all other valved outlets at the locations in the Premises shown on Tenant's Space Plan.
(2) Central heat and air conditioning in season, in accordance with the Building Standard HVAC specifications set forth on the attached Exhibit F-l, during Normal Business Hours and such other hours as may be requested by Tenant by written or telephonic notice delivered to Landlord at the office of supply provided for general use of other tenants in the Building, central heat and air conditioning;20during Normal Business Hours, at least two (2) hours in advance of the beginning of the period of time for which such usage is requested.
(c3) Routine maintenance, painting Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent for first class office buildings in Bethesda, Maryland.
(4) Janitor service in accordance with the operation and maintenance of specifications set forth on the Building as a first-class office building in the Central attached Exhibit F-2 after 6:00 p.m. on Business District (CBD) of 21;Days.
(d) Janitorial service on a five (5) day week basisAutomatically operated elevator service 24 hours a day, excluding Saturdays, Sundays and legal holidays;seven days a week.
(e6) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by Electricity for lighting purposes and operation of all of Tenant's equipment, subject to the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation requirements of Section 11.B below.
(7) Adequate supplies for all of the Tenant;toilet rooms located in the Limited Common Areas.
(f) Initial lamps, bulbs, starters 8) All electric bulbs and ballasts used within fluorescent tubes in permanently installed light fixtures in the Premises.
(9) A reasonable number of keys to the suite entry doors to each portion of the Premises located on a separate floor of the Building; and
(g10) Security An electronic card security access system for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee Building and the Parking Garage and a reasonable number of Tenant access cards for losses due to theft or burglary, or for damages done use by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 Tenant's employees and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure subtenants.
B. The failure by Landlord to any extent to furnish any of the above servicesfurnish, or the interruption or termination of, any cessation thereofservices in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, except as follows. In the event that (i) electricity and/or heating or air conditioning (in season) of the Premises, or elevator service in the Building, shall not be furnished by reason of matters either (x) within the control of Landlord for more than three (3) consecutive business days, or (y) beyond the control of Landlord for more than five (5) consecutive business days, and (ii) Tenant’s obligations , in its reasonable business judgment, determines that it is unable to use and occupy the Premises (or any part thereof) as a result thereof, then the Base Rental Tenant is obligated to pay hereunder (includingshall abate with respect to that part of the Premises which Tenant does xxx xse and occupy, but not limited tocommencing on the fourth or sixth such day until the date on which such services and utilities are restored, unless the payment failure to furnish such services and utilities is caused by Tenant's acts or omissions or as otherwise provided in the last sentence of Rent)Section 4.E above. Landlord will use reasonable efforts to diligently remedy any interruption in the furnishing of any services or utilities required to be performed by Landlord hereunder. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein or utilities for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlymachinery. Landlord shall use reasonable efforts not to interrupt or reduce utility services during Normal Business Hours for purposes of making discretionary alterations, but improvements or repairs, and shall, if feasible, give Tenant at least twenty-four (24) hours telephonic notice of any such interruption of utility service.
C. Tenant expressly acknowledges that if Landlord, from time to time, provides one or more lobby attendants (which Landlord will not do without Tenant's sole discretionary approval, and will do upon Tenant's written request provided Tenant bears all costs thereof as Additional Base Rental) or security services, Landlord shall not be deemed to have no right to terminate this 20 See Exhibit F Addendumwarranted the efficiency of any lobby attendant, Paragraph 2 21 See Exhibit F Addendumsecurity personnel, Paragraph 3 22 Electrical facilities to provide sufficient power service, procedures or equipment and Landlord shall not be liable in any manner for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account failure of any interruption in service occasioned thereby resulting therefrom.25such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property, unless such failure results from Landlord's negligence or willful misconduct.
Appears in 1 contract
Samples: Sublease (Informax Inc)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused So long as no Event of Default exists under this Lease beyond any applicable grace period, Landlord agrees to furnish Tenant the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot following services: Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning in season (the cost of such service to be paid by Tenant and other tenants of Landlord’s Premises in accordance with Section 6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar class office buildings within a three (3) mile radius of the Building or as required by governmental authorities (including energy conservation requirements).
(c1) Routine maintenance, painting and electric lighting service maintenance for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(d2) Janitorial service at a level comparable to that provided in similar class office buildings within a three (3) mile radius of the Building.
(3) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas.
(4) Tenant shall have access to the Building at all times provided, however, except during Normal Business Hours, access to the Building (or to the floor on which the Premises are located) shall be limited through the use of master entry cards, a card reader entry system and/or keys. Tenant shall receive five (5) day week basismaster entry cards and/or keys. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall be $3.50 per key and the cost of additional cards shall be $10.00 per card. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND ANY LANDLORD RELATED PARTY HARMLESS FROM, excluding SaturdaysAND REIMBURSE LANDLORD AND ANY LANDLORD RELATED PARTY FOR AND WITH RESPECT TO, Sundays ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY THEFT OR BURGLARY OR FROM DAMAGES DONE BY UNAUTHORIZED PERSONS IN THE PREMISES OR ON LANDLORD'S PREMISES THAT GAIN ACCESS TO THE BUILDING WITH ANY OF TENANT’S MASTER ENTRY CARDS AND/OR KEYS EXCEPT TO THE EXTENT ARISING FROM THE GROSSLY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF LANDLORD OR ANY LANDLORD RELATED PARTY. Tenant shall cooperate fully in Landlord's efforts to control access in the Building and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the building standard system, then the additional air conditioning installation Premises and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used other security devices within the Premises; and, provided Tenant affords Landlord the ability to gain access to the Premises in circumstances expressly permitted by this Lease.
(g5) Security Electricity and proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”). In the event Landlord determines that Tenant will require, or is consuming, special lighting or Miscellaneous Power in excess of Building Standard, Tenant shall reimburse Landlord for the Buildingcost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord's engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs.
(6) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(7) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, Landlord there shall not be liable a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to Tenant or any employeetime, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons reflect increases in the Buildingcosts incurred by Landlord in providing such service. In the event Tenant desires any of other tenant within the aforementioned services in amounts in excess of those24 and in same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord elects agrees to provide these any additional servicesservices at the specific request of Tenant, other than after-hours HVAC, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall pay reimburse Landlord as Additional Rent hereunder for the cost of providing these such service plus an administrative charge equal to ten percent (10%) of such cost, plus applicable sales tax, within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional services. Failure service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord to any extent to furnish any of the above serviceshereunder, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to either person persons or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement set forth in this Lease. Should any of the equipment or machinery utilized in supplying the such services listed herein for any cause cease to function properlybe interrupted, Landlord shall use reasonable diligence to repair that equipment or machinery restore the same promptly, but Tenant shall have no right claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to terminate this 20 See Exhibit F AddendumSection 24 (Casualty Damage) and Section 25 (Condemnation), Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors if any portion of the Premises 24 To be provided as set forth above in becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 7.02 Lease9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall have no claim for a reduction, allow Tenant an equitable abatement or rebate of Rent or damages (based on account the severity of any the interruption in and the amount of space unfit for occupancy) effective from the fourth (4th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such portion of the Premises is again fit for occupancy and such service occasioned thereby resulting therefrom.25is restored.
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide with the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b1) Hot and cold water at those points of supply provided service for general use of other tenants in the Building, central heat lavatories on each floor on which the Premises are located; (2) Heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building conditioning in the manner and to the extent deemed by Landlord to be standard and consistent season during Normal Business Hours in accordance with the operation and maintenance of the Building specifications attached hereto as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basisEXHIBIT F or as otherwise required by governmental authority, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above provided that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable for any failure to maintain the temperature ranges set forth in EXHIBIT F to the extent that such failure arises out of either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Lease, or (b) modifications performed to the HVAC system by Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglarycontractors retained by Tenant, or for damages done by unauthorized persons (c) Tenant's failure to keep the window covering in the Building. In the event Tenant desires any Premises closed during appropriate times when such portions of the aforementioned Premises are exposed to direct sunlight, it being agreed that Landlord and Tenant shall work cooperatively with one another regarding a reasonable determination as to when such window coverings should be closed. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $46.50 per hour for the first floor (or portion thereof) requested by Tenant, and $16.50 per hour for each additional floor (or portion thereof) requested by Tenant; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as EXHIBIT G, or such other reasonably comparable specifications designated by Landlord from time to time. If Tenant's use, floor covering or other improvements require special services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesstandard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; (7) Security to the Building, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system; (8) Replacement of Building standard fluorescent light bulbs/tubes in Building standard light fixtures within the Premises; and (9) such other services as Landlord as Additional Rent hereunder reasonably determines are necessary or appropriate for the cost of providing these additional services. Failure by Landlord Property.
B. Landlord's failure to any extent to furnish any of the above servicesfurnish, or any cessation thereofinterruption or termination of, resulting from causes services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord, Landlord (a "Service Failure") shall not render Landlord liable in any respect for damages to either person or propertyTenant, nor shall that event be construed as an constitute a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s obligations hereunder 's Property (includingdefined in Article XV), but arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding the foregoing, if a Service Failure (a) continues for 60 consecutive days after the Service Failure; and (b) is not limited tobeing diligently remedied by Landlord, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properlyTenant, Landlord shall use reasonable diligence to repair that equipment or machinery promptlyas its sole remedy, but Tenant shall have no the right to elect to terminate this 20 See Exhibit F AddendumLease within 10 days after the expiration of said 60 day period without penalty, Paragraph 2 21 See Exhibit F Addendumby delivering written notice to Landlord of its election thereof; provided, Paragraph 3 22 Electrical facilities to provide sufficient power for however, if Landlord is diligently pursuing the operation repair or restoration of the general banking and office business purposes of the Tenantservice, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and Tenant shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25not be
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant the following services, provided the increased costs of such services over costs for such services during the Base Year shall be paid by Tenant as Additional Rent:
(1) Water for use in the lavatories on the floor(s) on which the Premises is not located. If Tenant desires water in default under the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the provisions of this LeasePremises, Tenant, at its sole cost and expense and subject to reimbursement pursuant to Section 4.02 abovethe prior reasonable consent of Landlord, Landlord may install a hot water heater in the Premises. Tenant shall provide be solely responsible for the following services during standard hours maintenance and repair of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdaysany such water heater.
(a2) Public utilities shall Central heat and air conditioning and electrical services during Normal Business Hours for Suite 350, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be caused to furnish standard for buildings of similar class, size, age and location, or as required by governmental authority or Tenant’s permitted use of the Premises with as set forth in Section 4 herein. The cost of electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning for Suite 350 outside of Normal Business Hours shall be paid for by Tenant as set forth below in Section 11. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Hours, Tenant shall bear the entire cost of such additional service as provided in Section 11. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval, which consent shall not be unreasonably withheld and shall be governed by Section 11. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent.
(c3) Routine maintenance, painting Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;location.
(d4) Janitorial Basic janitorial and cleaning service in and about the Premises on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, Landlord shall not be liable to Tenant if Tenant’s floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesother improvements require special treatment, Tenant shall pay Landlord the additional cleaning cost attributable thereto as Additional Rent hereunder upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord.
(5) Electricity to the Common Areas, in accordance with and subject to the terms and conditions of providing these Section 11 of this Lease; provided, however, for purposes hereof, the Common Areas shall not include any restrooms, electrical and telephone closets, and any other areas included in the definition of Common Areas, which are located exclusively within the Premises.
(6) Fluorescent bulb replacement in the Premises necessary to maintain building standard lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(7) Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided.
(8) Subject to factors beyond Landlord’s control and to the other provisions of this Lease, including without limitation, Paragraphs 17, 18, 26 and 34D, Tenant shall have access to the Premises and entry access to the Building twenty-four (24) hours per day, seven (7) days per week year-round. Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate, in its reasonable discretion. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EXCEPT AS TO THE TENANT IMPROVEMENTS, TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICACY OF ANY ACCESS PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT AND THAT TENANT IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL SERVICE, PROCEDURES OR EQUIPMENT. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY ACCESS, PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT, CONTROL, OR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT UNLESS SUCH PERSONAL INJURY OR DAMAGE IS DUE TO LANDLORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services and such request shall be governed by Section 11 herein. Landlord may impose a reasonable charge for such additional utilities or building services that Landlord provides at its cost, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. Except as set forth in Section 11, Landlord may, but is not obligated to, provide additional services hereunder; provided, however, that if Landlord does provide such extra services. Failure , Tenant agrees to pay Landlord a five percent (5%) administration fee for the provisions of such services; provided, however, in no event shall Landlord be entitled to an administration fee in connection with extra electrical services or additional electrical capacity added by Tenant to Suites 400 and 425 pursuant to Section 11 herein.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any cessation thereofcauses beyond the reasonable control of Landlord, including, without limitation, the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; and (v) service interruptions or any other unavailability of utilities resulting from causes beyond the control of Landlord’s control, including, without limitation, any utility service provider initiated “xxxxx-out” or “black-out”, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. In the event that any interruption is cause by Landlord, Landlord’s agents, servants or employees and such interruption shall exceed five (5) consecutive business days, or shall exceed seven (7) days in any thirty (30) day period, then Tenant shall be entitled to proportionate abatement of Tenant’s obligations Base Rent, Additional Rent and other charges due hereunder (includinguntil such time as such interruption shall cease, but not limited toand Landlord, at its sole cost and expense, will promptly restore the payment of Rent)same. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25machinery.
Appears in 1 contract
Samples: Office Lease Agreement (KBS Growth & Income REIT, Inc.)
Services to be Furnished by Landlord. Provided (a) Landlord agrees to furnish Tenant is not with the following Building systems and services on a year-round basis: (i) hot and cold potable water service for use in default under any common lavatories;
(ii) domestic cold water through the base Building system described in the Base Building MEP; (iii) condenser water, pre-conditioned and delivered through the condenser loop as described in the Base Building MEP to supply Tenant specific heating, ventilating and air conditioning systems within the Premises; (iv) tempered fresh air delivered through the base Building system as described in the base Building MEP; (v) drainage system for domestic water and sanitary waste at locations approved and designated by Landlord in the Base Building MEP; (vi) maintenance and repair of the Property as, and to the extent, described in Section 10(c); (vii) access to the Premises 24 hours a day, 7 days a week; (viii) elevator service 24 hours a day, 7 days a week (at lease 1 elevator shall be operational at all times), (ix) janitorial services, (x) security service 24 hours a day, 7 days a week, (xi) snow and ice removal from Common Areas, and (xii) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Landlord’s expenses incurred in maintaining, repairing and operating the Building systems and providing the foregoing services shall be Expenses payable by Tenant in accordance with the provisions of this LeaseArticle 5 hereof. Notwithstanding the foregoing, if Tenant requests any additional (i.e. after Normal Business Hours) or special services from Landlord, then Tenant shall pay to Landlord the standard reasonable charge for such service(s) (which standard charge shall reflect Landlord’s costs incurred in providing such service(s)) with such after-hours charge being equitably pro-rated among all tenants (including Tenant) utilizing such services. Tenant shall have the right to have its service providers install customary telecommunication facilities, and subject to reimbursement pursuant to Section 4.02 aboveLandlord shall, Landlord shall provide upon request, enter into commercially reasonable access agreements with Tenant’s service providers, provided that if such service providers require additional space in the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving Building outside the Premises;, Tenant shall pay Rent on such space at the current rate applicable to the Premises.
(b) Hot and cold water at those points of supply provided for general Tenant’s use of other tenants utilities shall not exceed, either in the Buildingvoltage, central heat and air conditioning;20
pressure, rated capacity, or overall load (c) Routine maintenanceas applicable), painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by that which Landlord deems to be standard and consistent with the operation and maintenance of for the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within allocated to the Premises; and
, as the same may be increased by any Significant Capital Expansion (g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rentdefined below). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not A. Landlord shall furnish the following services, in default under any of each case subject to the provisions of Section 9A: (i) heating and air conditioning during Normal Business Hours to provide a temperature condition required, in Landlord’s reasonable judgment, for comfortable occupancy of the Premises under normal business operations; (ii) hot and cold water for use in the common lavatories of the Building and cold water for any kitchenette(s) within the Premises (any heating of such water for the kitchenette(s) being the responsibility of Tenant); (iii) janitorial service in the Premises and Common Areas on Business Days to the specifications set forth in Exhibit G attached hereto; (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this LeaseLease and (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and reasonable charges by Landlord; provided, however that Landlord shall not charge Tenant for the use of the freight elevator during Tenant’s performance of the Initial Alterations to the Premises. Tenant shall be permitted access to the Building and the Premises, and the ability to utilize the HVAC system and all utilities serving the Premises (subject to any reasonable after-hours HVAC charges Landlord may from time to time charge tenants in the Building), on a 24 hour per day, 7 day per week basis, subject to Force Majeure (as hereinafter defined) and Landlord’s reasonable security measures, and subject to reimbursement pursuant Landlord’s right to prohibit, restrict or limit access to the Building or the Premises in emergency situations if Landlord determines, in its reasonable discretion, that it is necessary or advisable to do so in order to prevent or protect against death or injury to persons or damage to property.
B. If Tenant requests any other utilities or building services in addition to those identified in Section 4.02 above6A, Landlord shall provide the following services during standard hours of operation or any of the Building. These standard hours of operation are 7 a.m. to 7 p.m.above utilities or building services in frequency, Monday through Fridayscope, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish quality or quantities substantially greater than the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided standards set by Landlord for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable use commercially reasonable efforts to attempt to furnish Tenant with such additional utilities or any employee, invitee, licensee building services. Landlord may impose a reasonable charge for such additional utilities or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of utilities and Building services identified in Section 6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an actual or constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof.
D. Notwithstanding anything to the contrary contained in this Lease, if: (i) Landlord ceases to furnish any service in the Building or to perform any of its obligations under this Lease for a period in excess of five (5) consecutive Business Days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) the restoration of such service or performance of such obligations is reasonably within the control of Landlord; and (v) as a result of such cessation or failure to perform, the Premises or a material portion thereof, is rendered untenantable and Tenant in fact ceases to use the Premises, or a material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent and Tenant’s obligations Pro Rata Share of Basic Costs and Taxes payable hereunder during the period beginning on the sixth (including6th) consecutive Business Day after Landlord’s receipt of the Interruption Notice and ending on the day when the service in question has been restored or obligation recommenced, but as the case may be. In the event the entire Premises has not limited tobeen rendered untenantable by the cessation in service or failure to perform such obligation, the payment amount of Rent). Should any of abatement that Tenant is entitled to receive shall be prorated based upon the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors percentage of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, so rendered untenantable and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25not used by Tenant.
Appears in 1 contract
Samples: Office Lease (Enernoc Inc)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.following:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one (1) business days in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service, as such costs are determined by Landlord from time to time, and shall pay the same as additional Rent upon presentation of a statement therefor by Landlord.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a Janitor service, five (5) day week basisdays per week, excluding Saturdays, Sundays and legal exclusive of normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional Rent upon presentation of a statement therefor by Landlord.
(d) Subject to the provisions of Paragraph 12, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises necessary to maintain the lighting provided as a part of the Shell Improvements and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Landlord shall provide limited access to the Building before and after Normal Business Hours in the form of special limited access entry cards ("Entry Cards") for Tenant and its employees. An Entry Card shall not be liable to automatically qualify Tenant or any employeeof its employees for an access card to the "Parking Garage" as defined in and pursuant to the terms of Exhibit "F". Landlord agrees to provide Tenant with up to, inviteebut not in excess of, licensee sixteen (16) Entry Cards for a refundable deposit of $15.00 per card. However, Tenant shall pay Landlord for any additional or sublessee replacement cards, in such amount as Landlord shall, from time to time, determine. The current cost required for a replacement card is $15.00 per card. Landlord shall be entitled to cancel (by computer entry) any lost or stolen cards of which it becomes aware. Tenant shall promptly notify Landlord of any lost or stolen cards. Landlord shall have no liability to Tenant, its employees, agents, 3 invitees, or licensees for losses due to theft or burglary, or for damages done committed by unauthorized persons on the Premises; and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord's efforts to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. In Tenant further agrees to surrender all Entry Cards in its possession upon the event Tenant desires expiration or earlier termination of this Lease. No interruption or malfunction of any utility service shall constitute an eviction or disturbance of Tenant's use or possession of the Premises or a breach by Landlord of any of Landlord's obligations hereunder or render Landlord liable or responsible to Tenant for any loss or damage which Tenant may sustain or incur if either the aforementioned quantity or character of any utility service is changed or is no longer available to or is no longer suitable for Tenant's requirements or entitle Tenant to be relieved from any of Tenant's obligations hereunder, including, without limitation, the obligation to pay Rent, or grant Tenant any right to set-off, abatement, or recoupment. At any time when Landlord is making such facilities for such utility services available to the Premises, Landlord may, at Landlord's option, upon not less than thirty (30) days prior written notice to Tenant, discontinue the availability of any such utility service. If Landlord gives any such notice of discontinuance, Landlord shall make all the necessary arrangements with the public utility service supplying the utility to the area in amounts in excess which the Building is located with respect to obtaining such utility service to the Premises; but Tenant will contract directly with such public utility service for the supplying of those24 and in such utility services to the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional servicesPremises. Failure by Landlord to any extent to furnish any of the above servicesmake available, or any cessation thereofslowdown, stoppage, or interruption of, the specified utility services resulting from causes beyond any cause, including, without limitation, Landlord's compliance with any voluntary or similar governmental or business guidelines now or hereafter published or any requirements now or hereafter established by any governmental agency, board, or bureau having jurisdiction over the control operation of Landlord, the Building shall not render Landlord liable in any respect for damages to either person or persons, property, or business, nor shall that event be construed as an eviction of Tenant, nor result in Tenant or work an abatement of Rent, nor relieve Tenant from any of Tenant’s 's obligations hereunder (including, but not limited to, the payment for fulfillment of Rent)any covenant or agreement hereof. Should any of the equipment or machinery utilized in supplying the services listed herein furnished by Landlord breakdown or for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery some promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in of service occasioned thereby or resulting therefrom.25therefrom. Notwithstanding the foregoing, in the event that Tenant shall give notice to Landlord stating correctly that any cessation of a service described in Subparagraphs 6(a) or 6(d) above (not caused by Tenant, its agents, customers, servants, contractors, employees, or invitees) shall have rendered all or any portion of the Premises untenantable, and in the event that such cessation continues for a period of five (5) or more consecutive days after Landlord receives such notice from Tenant, and in the further event that Tenant ceases occupying such portion of the Premises solely on account of such cessation, then rent shall abatx xx to such portion of the Premises from and after the later to occur of (i) the sixth (6th) day following the day Tenant gave such notice, or (ii) the date Tenant so ceases occupancy, until such service is restored or Tenant reoccupies such portion of the Premises (whichever date is earlier).
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any Landlord agrees to furnish Tenant, for the portion of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide Premises occupied by Tenant the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish Electricity for lighting fixtures, mechanical services, general Building operations and equipment, including business equipment and accessories, customary for the purpose for which the Premises with electricity and water utilized in operating any and all facilities serving the Premises;may be used under this Lease.
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20.
(c) Landlord shall provide heat and air-conditioning to the Premises as required therein from 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturdays, subject to the other provisions of the Lease, except that (i) Landlord shall not be required to provide such services on Sundays or local, state or national holidays; and (ii) Landlord shall provide such services during hours other than those stated above upon at least twenty four (24) hours prior notice from Tenant to Landlord at the rate of $45.00 per hour, per floor, with a two (2) hour minimum, which amount shall be payable by Tenant to Landlord within ten (10) days following receipt of an invoice therefor;
(d) Janitorial service, weekdays except for normal business holidays, including janitorial service to the Premises substantially in accordance with the janitorial specifications which are set forth on Exhibit E attached hereto.
(e) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;standard.
(f) Initial lampsSubject to the provisions of Section 6.2 hereof, bulbs, starters facilities to provide electric current in the manner and ballasts used within to the Premises; andextent deemed by Landlord to be standard.
(g) Security for Fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas.
(h) Access to the Building; provided, which may be limited by Landlord during hours other than Normal Business Hours. Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a $25.00 deposit for each magnetic access card which Landlord supplies for after-hours access to the Building, which deposit shall be fully refundable, at any time, upon surrender of each such card. Landlord, however, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to maintain security in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 Building and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure follow all regulations promulgated by Landlord with respect thereto.
(i) An elevator key-card access system to any extent allow Tenant to furnish any of restrict access, 24 hours a day, 7 days a week, to the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors portion of the Premises 24 To be provided as located on the 7th and 8th floors for Tenant’s exclusive use. Tenant acknowledges and agrees that Landlord has not warranted, and does not hereby warrant, the effectiveness of any such security system and does not undertake any responsibility for security of the Premises. Tenant agrees that Landlord and its agents are entitled to access to the Premises for the purposes set forth above in this Section 7.02 the Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, Building on the floor(s) on which the Premises are located and central heat and air conditioning;20conditioning in the Premises in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for “Normal Business Hours” for the Building (which are 7:00 a.m. to 7:00 p.m. on Mondays through Fridays and 8:00 a.m. to 2:00 p.m. on Saturdays, exclusive of normal business holidays), shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least twenty-four (24) hours in advance of the date such usage is requested. Tenant shall bear the entire actual cost of such additional service allocable to the Premises as such costs are determined by Landlord from time to time and shall pay such costs to Landlord within fifteen (15) days of written demand.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building standard.
(c) Janitor service in the Central Business District (CBD) Premises, Monday through Friday, exclusive of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall be notified of such additional cost and upon Tenant’s prior approval of such cost, pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefore by Landlord. Tenant shall cooperate with Landlord’s employees in the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as to not be liable interfere unreasonably with Tenant’s use of the Premises.
(d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas.
(f) Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours, Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, burglary or for damages done by unauthorized persons on the Premises and Landlord shall not be required to insure against any such tosses. Tenant shall cooperate fully in Landlord’s efforts to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure The failure by Landlord to any extent to furnish any these services or the interruption or termination of the above services, these defined services in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not neither render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default (a) So long as no Event of Default exists under any of the provisions of this Lease, and subject Landlord agrees to reimbursement pursuant furnish to Section 4.02 aboveTenant the following services:
(i) To the extent such provision by Landlord is Building Standard, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and for cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20Building or as are required by governmental authorities.
(cii) Routine maintenance, painting and electric lighting service maintenance for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(iii) All Building Standard fluorescent and incandescent bulbs and ballast replacements in the Common Areas and the Service Areas.
(iv) Electricity at a point of service in the Premises to allow Tenant to furnish sufficient electrical power for normal office machines (including electric typewriters, desk-topcomputer facilities and desk-top word processing facilities) and other machines of similar electrical consumption ("Miscellaneous Power"). If Landlord determines that Tenant will require, or is consuming, Miscellaneous Power in excess of Building Standard, Tenant will be required to reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental equipment, that Landlord's engineer reasonably deems necessary to accommodate such above-standard and consistent with consumption (without implying any obligation on the operation and maintenance part of Landlord to accommodate such use). Landlord will install separate meters to all or a portion of the Building Premises, at the cost of Tenant, and require all charges for the utilities separately metered to the Premises to be billed to and paid directly by Tenant. If the Premises is separately metered (without any obligation to do so except as expressly provided in Section 4.2(f)), Landlord will make a first-class office building in corresponding adjustment to Tenant's Share of Basic Operating Cost Increases (so that Tenant's Share of Basic Operating Cost Increases will include only Tenant's Share of the Central Business District (CBD) cost of 21;electrical current for the Common Areas and Service Areas of the Complex.
(db) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent is required to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properlyare interrupted, Landlord shall will use reasonable diligence to repair that equipment or machinery restore the services promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall will have no claim for a reduction, abatement or rebate of Rent Rent, damages (including damages for business interruption) or damages eviction on account thereof. Notwithstanding the foregoing, subject to Section 9.3 (Casualty) and Section 10.1 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 7.1 for any period exceeding 5 consecutive business days (excluding Normal Business Holidays) after the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption in of such service, or (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service occasioned thereby resulting therefrom.25(the "Interruption Notice Date") then so long as such failure is not caused by Tenant or any Tenant-Related Party, Landlord will allow Tenant an equitable abatement of Rent (based on the severity of the interruption and the amount of space unfit for occupancy) effective from the sixth business day (excluding Normal Business Holidays) following the Interruption Notice Date and ending on the day such portion of the Premises is again fit for occupancy and such service is restored.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of A. Subject to the provisions of this LeaseArticle XI below, and subject Landlord, as part of Basic Costs, agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish Tenant the following services during standard hours of operation of the Buildingservices:
1. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold Cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard for buildings of similar class, size, age and location, or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall pay Landlord, upon demand as additional rent, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $40.00 per hour. The minimum period of time for which Tenant may request additional service is two (2) hours.
(c) 2. Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard for buildings of similar class, size, age and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;location.
(d) Janitorial 3. Janitor service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, Landlord shall not be liable to Tenant if Tenant's use, floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional other improvements require special services, Tenant shall, at Landlord's option, either (I) retain its own contractors (which contractor shall be subject to Landlord's reasonable approval) to do such work or, (ii) pay Landlord the additional cost reasonably attributable thereto as Additional additional Rent hereunder upon presentation of statements therefor by Landlord.
4. Elevator service in common with other tenants of the cost Building for ingress and egress to and from the floor of providing these additional services. Failure the Premises during Normal Business Hours.
B. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlymachinery, but except as otherwise expressly provided herein, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Landlord's entire obligation with respect to the repair and maintenance of the Premises are set forth above.
C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide or make available security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment, including without limitation, the security monitoring system referred to in Section 3 of Exhibit E and Landlord shall not be liable in any manner for the failure. of any such security personnel, services, procedures or equipment to prevent or control, or apprehend any one suspected of personal injury or property damage in, on or around the Property.
Appears in 1 contract
Samples: Office Lease (Summit Bank Corp)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this LeaseSubject to applicable Legal Requirements, governmental standards for energy conservation, and subject to reimbursement pursuant to Section 4.02 aboveTenant's performance of its obligations hereunder, Landlord shall provide use all reasonable efforts to furnish the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused HVAC to furnish the Premises with electricity during Building Operating Hours, at such temperatures and water utilized in operating any such amounts as are considered by Landlord to be suitable and all facilities serving the Premisesstandard [thus excluding air conditioning or heating for electronic data processing or other specialized equipment or specialized (nonstandard) Tenant requirements];
(b) Hot hot and cold water at those points of supply provided common to all floors for general use of other tenants in the Building, central heat lavatory and air conditioning;20drinking purposes only;
(c) Routine maintenance, painting janitorial service in and electric lighting service for all Common Areas and special service areas of about the Building in and the manner and to the extent deemed by Landlord Premises to be standard and consistent accomplished in accordance with the operation Cleaning Specifications attached as Exhibit AI@ hereto and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21periodic window washing, anticipated to be accomplished approximately every 3 or 4 months for outside windows and every 2 or 3 months for inside windows;
(d) Janitorial service on a five (5) day week basiselevator service, excluding Saturdaysif necessary, Sundays to provide access to and legal holidaysegress from the Premises;
(e) 22 If electric current during Building Operating Hours for normal office machines and other machines of low electrical consumption (which shall exclude electric current for electronic data processing equipment, lighting in excess of Building Standard, or any other item of electrical equipment installed23 which singly consumes more than 0.5 kilowatts per hour at rated capacity or requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;a voltage other than 120 volts single phase); and
(f) Initial lampsreplacement of fluorescent lamps in Building Standard light fixtures installed by Landlord and of incandescent bulbs or fluorescent lamps in all public rest rooms, bulbs, starters stairwells and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons other Common Areas in the Building. In the event Tenant desires If any of the aforementioned services described above or elsewhere in amounts in excess this Lease are interrupted, Landlord shall use reasonable diligence to promptly restore the same. However, neither the interruption nor cessation of those24 and in the event Landlord elects to provide these additional such services, Tenant shall pay Landlord as Additional Rent hereunder nor the cost failure of providing these additional services. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlordrestore same, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event or be construed as an eviction of Tenant, nor result in or work an abatement of Rent, nor Rent or relieve Tenant from fulfilling any of Tenant’s its other obligations hereunder (includinghereunder. If not previously installed, but not limited to, Landlord may cause an electric and/or water meter(s) to be installed in the payment of Rent). Should any Premises of the equipment or machinery utilized Tenant in supplying order to measure the services listed herein amount of electricity and/or water consumed for any cause cease such use, and the cost of such meter(s) shall be paid promptly by Tenant. Certain security measures (both by electronic equipment and personnel) may be provided by Landlord in connection with the Building. However, Tenant hereby acknowledges that any such security is intended to function properlybe solely for the benefit of the Landlord and protecting its property, and while certain incidental benefits may accrue to the Tenant therefrom, any such security is not for the purpose of protecting either the property of Tenant or the safety of its employees, agents or invitees. By providing any such security, Landlord shall use reasonable diligence assumes no obligation to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim liability arising therefrom. . Landlord shall furnish Tenant, at Landlord's expense, with two keys and access cards, and at Tenant's expense in the amount of Landlord=s cost for such additional keys and access cards as Tenant may request, to unlock or allow access to the Building and each corridor door entering the Premises. Tenant shall not install, or permit to be installed, any additional lock (except for the check stock room) on any door into or in the Premises or make, or permit to be made, any duplicates of keys or access cards to the Premises without Landlord=s prior consent. Landlord shall be entitled at all times to possession of a reductionduplicate of all keys and access cards to all doors to or inside of the Premises. All keys and access cards referred to in this Section 7.2 shall remain the property of the Landlord. Upon the expiration or termination of the Term, abatement Tenant shall surrender all such keys and access cards to Landlord and shall deliver to Landlord the combination to all locks on all safes, cabinets and vaults which will remain in the Premises. Landlord shall be entitled to install, operate and maintain a card reader and after-hours access card system, security systems and other control devices in or rebate about the Premises and the Complex which regulate entry into the Building (or portions thereof) and monitor, by closed circuit television or otherwise, all persons leaving or entering the Complex, the Building and the Premises. . Landlord shall disburse a portion of Rent the Tenant Improvement Allowance, as defined in the Work Letter Agreement attached as Exhibit D, to provide and install, in Building Standard graphics, letters or damages numerals identifying Tenant's name and suite number adjacent to Tenant=s entry door at one location per floor of the Building occupied by Tenant. Tenant=s name, as set forth on account the first page of this Lease, or as otherwise provided by Tenant in writing upon execution of this Lease, shall also be placed in the Building Directory located on the main level of the Building. Any subsequent modification to the listing of Tenant=s name in the Building Directory shall be at Tenant=s cost. Without Landlord's prior written consent, no other signs, numerals, letters, graphics, symbols or marks identifying Tenant shall be placed on the exterior, or in the interior if they are visible from the exterior, of the Premises. Tenant shall not place or suffer to be placed on any exterior door, wall or window of the Premises, on any part of the inside of the Premises which is visible from outside of the Premises, or elsewhere on the Complex, any sign, decoration, notice, logo, picture, lettering, attachment, advertising matter or other thing of any interruption kind, without first obtaining Landlord's prior written approval, which Landlord may, in service occasioned thereby resulting therefrom.25its discretion, grant or withhold. Landlord may, at Tenant's cost, and without notice or liability to Tenant, enter the Premises and remove any item erected in violation of this Section. Landlord may establish rules and regulations governing the size, type and design of all such items and Tenant shall abide by such rules and regulations. . Tenant shall pay to Landlord monthly as billed, as Additional Rent, such charges as may be separately metered or as Landlord may compute for (a) any utility services utilized by Tenant for computers, data processing equipment or other electrical equipment in excess of that agreed to be furnished by Landlord pursuant to Section 7.1, (b) lighting installed in the Premises in excess of Building Standard lighting, (c) HVAC and other services in excess of that stated in Section 7.1(a) or provided at times other than Building Operating Hours, and (d) janitorial services required with respect to Above Standard Tenant Improvements within the Premises. If Tenant wishes to use HVAC, services to the Premises during hours other than Building Operating Hours or electrical or other utility services in excess of that stated in Section 7.1, Landlord shall supply such HVAC, electrical and utility services at an hourly cost to Tenant of $17.50 per Service Area (defined below), as adjusted from time to time by Landlord consistent with prevailing market charges for such use. A AService Area,@ as used in this Lease, shall be defined as the separate portions of the Premises as outlined on Exhibit B hereto. Tenant will not be required to pay the hourly cost for services set forth above for any Service Area unless said services are separately utilized by Tenant in the Service Area. Landlord may utilize a lighting and utility occupancy sensor or other method or system in order to automatically determine and control use of HVAC, electrical and other utility services. Landlord may elect to estimate the charges to be paid by Tenant under this Section 7.4 and bill such charges to Tenant mxxxxly in advance, in which event Tenant shall promptly pay the estimated charges. When the actual charges are determined by Landlord, an appropriate cash adjustment shall be made between Landlord and Tenant to account for any underpayment or overpayment by Tenant. . Subject to Building Rules and Regulations and such security standards as Landlord may from time to time adopt, the Building shall be open to the public during the Building Operating Hours and the Premises shall be open to Tenant during hours other than Building Operating Hours.
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Buildingservices:
1. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Buildinglavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, central heat including a private lavatory or kitchen, cold water shall be supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central heat, ventilating and air conditioning;20conditioning at such temperatures and in such amounts as are standard for first-class office buildings of similar class, size, age and location, or as required by governmental authority; provided that such heat, ventilation and air conditioning shall in any event be installed, maintained and operated to provide heating and cooling to the standard set forth on Exhibit D-2 hereto. In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished when and as desired by Tenant, unless fire services so required cannot be activated by Tenant using the Building's automated system, but must be activated by Landlord using the Building's central systems, in which event Tenant must deliver a request for such services (which may be by telephone or in person) to Landlord at the office of the Building prior to 3:00 p.m. of the same day. Tenant shall pay Landlord, as Additional Base Rental, the actual direct utility costs of additional service and a reasonable charge for the extra wear and tear on Building equipment, without a profit to or overhead charge by Landlord.
(c) Routine maintenance, painting 3. Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a for first-class office building buildings of similar class, size, age and location.
4. Janitorial services, consistent with those provided to other first class office buildings in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basisBellevue, excluding SaturdaysWashington, Sundays Monday through Thursday and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingSunday nights; provided, however, Landlord shall not be liable to Tenant if Tenant's use, floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional other improvements require special services, Tenant shall pay Landlord the additional cost reasonably attributable thereto as Additional Rent hereunder Base Rental. In the event the janitorial services provided to the Premises are not at or above a level comparable to those provided to comparable first class office buildings, Tenant shall so notify Landlord in writing, and if the level of services does not rise to a level at least comparable with those provided to other comparable first class office buildings within sixty (60) days after Landlord's receipt of such notice, Tenant may arrange for its own janitorial service for the Premises and Tenant's Basic Costs will not include a charge for such service.
5. Passenger elevator service during and after Normal Business Hours in common with other tenants of the Building.
6. Electricity to the Premises during and after Normal Business Hours for Tenant's office use, in accordance with and subject to the terms and conditions set forth in Article 14 of this Lease. Landlord warrants that the electricity and air-conditioning available in the Premises will be sufficient for the normal operation of the equipment described on Exhibit F attached hereto.
7. Landlord shall provide, at Landlord's expense, a multi-level card key security system that will control access to the Building and the garage and elevators therein. Tenant shall have access to and use of the Premises 24 hours a day, 7 days a week. Additional card readers may be installed in the stairwells to facilitate controlled access between Tenant's floors by way of the stairwells. Tenant shall bear the cost of providing these any such additional servicescard readers or other security measures. Failure Tenant shall have the right at any time to install such other or additional security systems in or about the Premises to control access to and from the Premises, including, but not limited, camera surveillance systems, controlling and monitoring access to and from the Premises from corridors and stairwells, all of which may be independent of Landlord's access control system, and Tenant shall have the right to limit and restrict card access thereto; provided that Landlord shall be provided a card for access in emergencies, maintenance or as otherwise permitted pursuant to this Lease. The cost of such Tenant's security system shall be Tenant's sole cost and expense.
8. Such other reasonable services as are commonly provided to tenants in comparable first class office buildings in the area.
B. The failure by Landlord to any extent to furnish any of the above servicesfurnish, or the interruption or termination of, any cessation thereofservices in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, provided that if any such interruption or termination continues for seventy-two (72) hours and was not caused by Tenant, Rent shall thereafter abatx xx the extent the Premises are rendered untenantable as a result thereof as Tenant's sole and exclusive remedy as a result of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)such interruption. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25machinery.
Appears in 1 contract
Samples: Lease Agreement (Bsquare Corp /Wa)
Services to be Furnished by Landlord. Provided Tenant is not in default (a) So long as no Event of Default exists under any of the provisions of this Lease, and subject Landlord agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish Tenant the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a1) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Project in accordance with Section 6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar class office buildings within a three (3) mile radius of the Building or as required by governmental authorities (including energy conservation requirements).
(c2) Routine maintenance, painting and electric lighting service maintenance for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(d3) Janitorial service on a service, five (5) day week basisdays per week, excluding Saturdaysexclusive of Normal Business Holidays, Sundays and legal holidays;at a level comparable to that provided in similar class office buildings within a three (3) mile radius of the Building.
(e4) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by All Building Standard fluorescent and incandescent bulb and ballast replacement in the building standard systemPremises, then the additional air conditioning installation Common Areas and corresponding operating costs will be the separate obligation of the Tenant;Service Areas.
(f5) Initial lamps, bulbs, starters and ballasts used within Tenant shall have access to the Premises; and
(g) Security for the Building; Building at all times provided, however, except during Normal Business Hours access to the Building (or to the floor on which the Premises are located) shall be limited through the use of master entry cards and/or keys. Tenant shall receive fifty (50) master entry cards and/or keys for the Premises. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall be $3.50 per key and the cost of additional cards shall be $20.00 per card. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, contractors, invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the BuildingPremises or on the Project. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the Premises and other security devices within the Premises provided Tenant affords Landlord the ability to gain access to the Premises in circumstances expressly permitted by this Lease.
(6) Electricity and proper facilities to furnish (A) Building Standard lighting (which shall be defined as an average load of two [2] wxxxx per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”), provided that Tenant’s Miscellaneous Power requirements shall not exceed six (6) wxxxx per square foot of Rentable Area of the Premises, of connected load or two (2) wxxxx per square foot of Rentable Area of the Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or more separate watt hour meters), or require a voltage greater than 120/208 volts 3-phase or require more than 500 wxxxx for any piece of equipment (the “Building Standard Electrical Design Load”). In the event Landlord determines that Tenant desires any of the aforementioned services in amounts will require, or is consuming, special lighting in excess of those24 Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord’s engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs.
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) Suite 120 and Suite 232 (the server room adjacent to Suite 260) shall be separately metered and heating and air conditioning shall be available to Tenant in such suite 24 hours a day, seven days a week. Heating and air conditioning during other than Normal Business Hours shall be furnished for Suite 260 (excluding Suite 232) only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord elects agrees to provide these any additional servicesservices at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall pay reimburse Landlord as Additional Rent hereunder for the cost of providing these such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional services. Failure service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord to any extent to furnish any of the above serviceshereunder, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to either person persons or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement set forth in this Lease. Should any of the equipment or machinery utilized in supplying the such services listed herein for any cause cease to function properlybe interrupted, Landlord shall use reasonable diligence to repair that equipment or machinery restore the same promptly, but Tenant shall have no right claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to terminate this 20 See Exhibit F AddendumSection 24 (Casualty Damage) and Section 25 (Condemnation), Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors if any portion of the Premises 24 To be provided as set forth above in becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 7.02 Lease9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall have no claim for a reduction, allow Tenant an equitable abatement or rebate of Rent or damages (based on account the severity of any the interruption in and the amount of space unfit for occupancy) effective from the sixth (6th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such portion of the Premises is again fit for occupancy and such service occasioned thereby resulting therefrom.25is restored.
Appears in 1 contract
Samples: Office Lease Agreement (Masergy Communications Inc)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities Landlord shall use all reasonable efforts to furnish, subject to the Building Rules and Regulations (hereinafter defined) and Tenant's performance of its obligations hereunder, the following services:
(1) Air-conditioning and heating in season, during Normal Building Operating Hours (hereafter defined), at such temperatures and in such amounts as are considered by Landlord to be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premisesstandard;
(b2) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat lavatory and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21drinking purposes only;
(d3) Janitorial Janitor service on a in and about the Building and the Leased Premises five (5) day week basisdays per week, excluding Saturdaysand periodic window washing; however, Sundays and legal holidaysTenant shall pay, as additional Rent upon presentation of a statement therefor by Landlord, the additional costs attributable to the cleaning of improvements within the Leased Premises other than Building Standard (hereinafter defined) improvements;
(e4) 22 If Electricity and proper facilities to furnish sufficient electrical power during Normal Building Operating Hours for normal office machines and other machines of low electrical consumption, but not including electricity or air-conditioning required for electronic data processing equipment other than desk-top or lap-top personal computers, special lighting in excess of Building Standard, or any other item of electrical equipment installed23 which singly consumes more than 0.5 kilowatts per hour at rated capacity or requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premisesa voltage other than 120 volts single phase; and
(g5) Security for Replacement of fluorescent lamps in Building Standard light fixtures installed by Landlord and incandescent bulb or fluorescent lamp replacement in public toilet and restroom areas and stairwells.
(6) Such other services as Landlord and Tenant may agree upon form time to time such as copy machines, facsimile machines, postage meters, computer hardware and software, at rates and charges as the Building; provided, however, parties may agree.
(b) Landlord shall not furnish Tenant with keys to unlock the main door entering the Leased Premises and appropriate access to the building security system. Landlord shall furnish at the commencement of the Lease Term an adequate number of keys for Tenant's employees designated by Tenant has having rights to keyed access to the Leased Premises. Any additional keys will be liable to furnished at a charge by Landlord on an order signed by Tenant or Tenant's authorized representative. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any employeedoor of the Leased Premises without Landlord's permission, invitee, licensee or sublessee of and Tenant for losses due to theft or burglaryshall not make, or for damages done permit to be made any duplicates of such keys, except those furnished by unauthorized persons in the BuildingLandlord. In the event Tenant desires any Upon termination of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesthis Lease, Tenant shall pay surrender to Landlord as Additional Rent hereunder all the cost of providing these additional services. Failure by keys for the Leased Premises, and give to Landlord to any extent to furnish any the explanation of the above servicescombination of all locks for safes, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Leasesafe cabinets, and shall have no claim for a reductionvault doors, abatement or rebate of Rent or damages on account of any interruption if any, in service occasioned thereby resulting therefrom.25the Leased Premises.
Appears in 1 contract
Samples: Lease Agreement (Residential Healthcare Properties Inc)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, Building on the floor(s) on which the Premises are located and central heat and air conditioning;20conditioning in the Premises in season, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard or as required by governmental authority. Landlord shall provide heating, air-conditioning, utilities, and electricity twenty-four (24) hours per day, seven (7) days per week.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Exterior Common Areas, Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and special service areas of the Building Service Areas in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building standard.
(c) Janitor service in the Central Business District (CBD) Premises, Monday through Friday, exclusive of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord's employees in the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as to not be liable interfere unreasonably with Tenants use of the Premises.
(d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and Service Areas.
(f) Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a fee for access to partially reimburse Landlord for the cost of the system which limits after-hours access. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and Landlord shall not be required to insure against any such losses. Tenant shall
(a) cooperate fully in Landlord's efforts to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure The failure by Landlord to any extent to furnish any these services or the interruption or termination of the above services, these defined services in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not neither render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom.
Appears in 1 contract
Samples: Lease Agreement (Englobal Corp)
Services to be Furnished by Landlord. Provided Tenant is A. Landlord shall furnish (with respect to matters within Landlord's control) and Landlord shall use its best efforts to furnish (with respect to matters not in default under any of the provisions of this Leasewithin Landlord's control) Tenant, and at Landlord's expense, subject to reimbursement pursuant to Section 4.02 abovethe Building Rules and Regulations (hereafter defined) and Tenant's performance of its obligations hereunder, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a1) Public utilities shall Air conditioning and heating, in season, during Normal Building Operating Hours (hereafter defined), at such temperatures and in such amounts as are considered by Landlord to be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premisesstandard;
(b2) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat lavatory and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21drinking purposes only;
(d3) Janitorial service on a in and about the Building (but excluding the Leased Premises, which shall be the sole responsibility of Tenant) five (5) day days per week basis, excluding Saturdays, Sundays and legal holidaysperiodic window washing;
(e4) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by Elevators for access to and egress from the building standard systemLeased Premises and the Building twenty-four (24) hours a day, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenantseven (7) days a week;
(f5) Initial lampsElectricity and proper facilities to furnish sufficient electrical power during Normal Building Operating Hours for normal office machines (including without limitation personal computers) and other standard office equipment, bulbsincluding lighting of low electrical consumption, starters and ballasts used within the Premises; and
(g) Security but not including electricity required for the Building; providedelectronic data processing equipment, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts special lighting in excess of those24 building standard, or any other item of electrical equipment which singly consumes more than 0.5 kilowatts per hour at rate capacity or requires a voltage other than 120 volts single phase except electrical consumption that is separately metered. Should such electrical service for the Leased Premises for normal office machines and in the event Landlord elects to provide these additional servicesother equipment including lighting of low electrical consumption be separately metered, Tenant shall pay for electric current supplied or used in the Leased Premises at the rate as established by the company providing electricity to the Leased Premises. Electric current shall be measured by meter. Tenant will be billed monthly for such current. Landlord acknowledges that Tenant intends to install computer equipment on the 2nd floor of the Leased Premises, and that such equipment will require cooling on a 24 hour basis. Arrangements shall be made to provide such cooling facilities as Additional Rent hereunder a part of the Tenant Improvements, and the cost of providing these the additional services. Failure electricity usage shall be separately paid by Tenant.
(6) Replacement of fluorescent lamps in Building Standard light fixtures installed by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable and incandescent bulb replacement in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25public areas.
Appears in 1 contract
Samples: Lease Agreement (Farah Inc)
Services to be Furnished by Landlord. Provided (a) Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours on 24 hours/7 days/52 weeks basis (except as otherwise specifically set forth or where such service is either regularly scheduled, such as janitorial, or periodic and/or responsive to circumstances such as routine maintenance or bulb replacement for examples) all of operation of which shall be equivalent or superior to the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Building Standard:
(a1) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot Facilities for hot and cold water at those points of supply provided for general use of Tenant and other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises reasonably approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning ("HVAC") in season (the cost of such service during Normal Business Hours to be paid by Tenant and other tenants of the Complex in accordance with Section 6(e)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)) to the standard set forth in Section 9 (e) below (the "HVAC Standard").
(c2) Routine maintenance, painting and electric lighting service maintenance for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;Standard.
(d3) Janitorial service on a service, five (5) day week basisdays per week, excluding Saturdaysexclusive of Normal Business Holidays, Sundays and legal holidays;as more particularly described on Exhibit "L" attached hereto.
(e4) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by All Building Standard fluorescent and incandescent bulb and ballast replacement in the building standard systemPremises, then the additional air conditioning installation Common Areas and corresponding operating costs will be the separate obligation of the Tenant;Service Areas.
(f5) Initial lamps, bulbs, starters and ballasts used within Limited (but in any event 24 hour/7 days/52 weeks) access to the Premises; and
Building (gor to the floors on which the Premises are located) Security for during other than Normal Business Hours through the Building; provided, however, use of master entry cards and/or keys. Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, contractors, invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the BuildingPremises or on the Complex. Tenant shall cooperate fully in Landlord's efforts to control access in the Building and shall follow all reasonable regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit "C".
(6) Electricity and proper facilities to furnish (A) all lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption and/or of a customary nature for a corporate headquarters office of this size ("Miscellaneous Power") to the level of the Building Electrical Standard. In the event Landlord determines in accordance with Section 6 (a) above that Tenant desires any of the aforementioned services in amounts will require, or is consuming, special lighting in excess of those24 the Building Electric Standard, Tenant shall reimburse Landlord for the cost of any Additional Equipment, which Landlord's engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Section 6 (a) shall govern the installation of separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs.
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and reasonable approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) HVAC during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at the After Hours HVAC Rate; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the After-Hours HVAC Rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service (in accordance with the definition of "After-Hours HVAC Rate" in Section 1 above). In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(9) An electronically controlled card access Building security system is provided controlling all entry areas to the Building, Building life safety systems and the Parking Areas, each in accordance with applicable Laws and building codes.
(b) In the event Landlord elects agrees to provide these any other additional servicesservices at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall pay reimburse Landlord as Additional Rent hereunder for the cost of providing these such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of a reasonably detailed invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional servicesservice at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default). Failure The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord to any extent to furnish any of the above serviceshereunder, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to either person persons or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement set forth in this Lease. Should any of the equipment or machinery utilized in supplying the such services listed herein for any cause cease to function properlybe interrupted, Landlord shall use reasonable diligence to repair that equipment or machinery restore the same promptly, but Tenant shall have no right claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to terminate this 20 See Exhibit F AddendumSection 24 (Casualty Damage) and Section 25 (Condemnation), Paragraph 2 21 See Exhibit F Addendumif there is an interruption in electrical power which is (a) specific to the Building (as opposed to an interruption or curtailment in electrical power which extends beyond the Building to include other properties), Paragraph 3 22 Electrical facilities (b) causes the Premises to provide sufficient power be untenantable, and (c) if caused by Landlord's negligence or willful misconduct, Tenant will be entitled to an abatement of Basic Rent commencing upon the sixth (6th) Business Day (or earlier to the extent Landlord is receiving insurance proceeds for such interruption under insurance for which the operation of premiums are included in Basic Operating Costs) (in proportion to the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors portion of the Premises rendered untenantable by the interruption in electrical power) until such electric power is restored.
(c) Notwithstanding anything to the contrary contained in this Lease, Landlord shall provide Tenant with access to the Premises, the Building, the Complex and the Parking Areas 24 To be provided hours per day, seven days per week and 52 weeks per year subject to Landlord's reserved rights as set forth above in Section 32 hereof or elsewhere in this Section 7.02 LeaseLease and to the Rules and Regulations and such other reasonable access control and/or security procedures set forth herein or reasonably promulgated by Landlord hereunder.
(d) Tenant shall also have non-exclusive access to and use of the loading dock of the Building for uploading, delivery and shall have no claim for a reductionpickup activities (including reasonable associated "wait time") during Normal Business Hours and, abatement or rebate of Rent or damages on account of any interruption upon compliance with Landlord's reasonable access procedures, during other than Normal Business Hours, in service occasioned thereby resulting therefrom.25all cases, subject to this Lease and to the Rules and Regulations and such other reasonable access control and/or security procedures set forth herein.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, Building on the floor(s) on which the Premises are located and central heat and air conditioning;20conditioning in the Premises in season, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard or as required by governmental authority. Landlord shall provide heating, air-conditioning, utilities, and electricity twenty-four (24) hours per day, seven (7) days per week.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Exterior Common Areas, Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and special service areas of the Building Service Areas in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building standard.
(c) Janitor service in the Central Business District (CBD) Premises, Monday through Friday, exclusive of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord’s employees in the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as to not be liable interfere unreasonably with Tenants use of the Premises.
(d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and Service Areas.
(f) Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a fee for access to partially reimburse Landlord for the cost of the system which limits after-hours access. Landlord, however, shall have no liability to Tenant, its employees. Agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, burglary or for damages done by unauthorized persons on the Premises and Landlord shall not be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure The failure by Landlord to any extent to furnish any these services or the interruption or termination of the above services, these defined services in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not neither render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom.
Appears in 1 contract
Samples: Lease Agreement (Englobal Corp)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of A. Subject to the provisions of this LeaseArticle XI below, and subject Landlord, as part of Basic Costs, agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish Tenant the following services during standard hours of operation of the Buildingservices:
1. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold Cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard for buildings of similar class, size, age and location, or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall pay Landlord, upon demand as additional rent, the entire cost of additional service as such costs are determined by Landlord from time to time.
(c) 2. Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard for buildings of similar class, size, age and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;location.
(d) Janitorial 3. Janitor service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, Landlord shall not be liable to Tenant if Tenant's use, floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall be subject to Landlord's reasonable approval) to do such work or, (ii) pay Landlord the additional cost reasonably attributable thereto as Additional additional Rent hereunder upon presentation of statements therefor by Landlord.
4. Elevator service in common with other tenants of the cost Building for ingress and egress to and from the floor of providing these additional services. Failure the Premises during Normal Business Hours.
B. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if (i) Landlord ceases to furnish any service in the Building, and Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant’s obligations hereunder , (includingiii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), but not limited to(iv) the repair or restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the payment Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of Rent)its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy for such cessation shall be as follows: on the fifth (5th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis for each day after such five (5) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlymachinery, but except as otherwise expressly provided herein, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Landlord's entire obligation with respect to the repair and maintenance of the Premises are set forth above.
C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend any one suspected of personal injury or property damage in, on or around the Property.
Appears in 1 contract
Samples: Office Lease (Tenera Inc)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish the following services to Tenant during standard hours the Term of operation of this Lease while Tenant is occupying the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Premises:
(a) Public Water, including cold water from mains for normal and ordinary drinking, lavatory and toilet purposes and other general use reasonably necessary to operate the equipment shown on Exhibit A-2 (or replacements of such equipment which do not require more of such utilities than the original equipment), all drawn through fixtures installed by Landlord, or by Tenant with Landlord's written consent, and hot water for lavatory purposes and other general use reasonably necessary to operate the equipment shown on Exhibit A-2 (or replacements of such equipment which do not require more of such utilities than the original equipment) from regular Building supply at the prevailing temperature. Tenant shall be caused to furnish not waste or permit the Premises with electricity and water utilized in operating any and all facilities serving the Premises;waste of water.
(b) Hot and cold water at those points of supply Except as specifically otherwise provided for general use of other tenants in the BuildingSection 54(f), central heat heating and air conditioning;20conditioning for normal comfort in Premises at the following times and days except holidays: from 6:00 a.m. to 8:00 p.m. Monday through Friday and from 9:00 a.m. to 1:00 p.m. on Saturdays,
(c) Routine maintenanceNightly housekeeping and janitor service Monday through Friday in and about the Premises. Tenant shall not provide any janitor services without Landlord's prior written consent and then only (i) subject to supervision of Landlord and at Tenant's sole responsibility and (ii) by janitor contractor or employees at all times satisfactory to Landlord. Areas to be designated by Tenant, painting such as clean room, shall be off limits to service personnel without explicit consent of Tenant, except in cases of emergency.
(d) Electrical current for lighting of Building standard fixtures provided by Landlord and electric for the operation of low-wattage office machines (such as desktop computers, copiers and fax machines) and the equipment used in Tenant’s business; provided however, if Tenant’s requirements for electrical current exceed what can safely be furnished given the electrical facilities of the Building or would overload the Building’s capacity, then Landlord shall not be required to furnish such capacity until it has updated the capacity of the Building’s electrical facilities (installed new risers, etc.) so that it can safely meet Tenant’s electrical requirements, which shall be done at Tenant’s expense. Notwithstanding the foregoing, Landlord agrees that as of the Commencement Date the Building’s capacity shall be sufficient for the operation of the equipment set forth on Exhibit A-2 (or replacements of such equipment which do not require more of such utilities than the original equipment). Landlord shall pay up to a maximum of $1.50 per rentable square foot of the Premises average for the calendar year (which shall be an Operating Expense). Tenant shall pay to Landlord, upon within 30 days of receipt of Landlord’s invoice any amounts for electrical service actually used by Tenant above $1.50 per rentable square foot average for the calendar year. Landlord, at Landlord’s cost, shall install submeters to meter the electrical service to the Premises.
(e) Electrical lighting service services and heating and air conditioning for all Common Areas common areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard standard; however, heating and consistent air conditioning need only be provided during 6:00 a.m. to 8:00 p.m. Monday through Friday and from 9:00 a.m. to 1:00 p.m. on Saturdays, holidays excepted.
(f) Operatorless passenger elevator service in common with the operation Landlord and other tenants, and dock access in common with Landlord and other Tenants daily; provided dock access shall only be available during 8:00 a.m. to 5:00 p.m. (“Normal Business Hours”) and shall not be provided Saturdays, Sundays, and holidays, unless Landlord otherwise consents (which consent may be granted or withheld in Landlord’s discretion) and, in any event at hours to be determined by Landlord. Freight elevator service, if furnished at other times, shall be deemed optional with Landlord and shall never be deemed a continuing obligation.
(g) Normal interior and exterior repairs and maintenance to the extent not required of Tenant under Paragraph 13 below. Landlord may include the Building cost of such repair and maintenance as an Operating Expense. Any extra or additional services provided by Landlord in addition to those above and in Section 54(f) shall not be unreasonably withheld, and at rates established by Landlord to reflect actual cost. The money due for such extra or additional services shall be deemed Additional Rent due hereunder. In the event that by agreement with Tenant, Landlord furnishes such extra or additional services to be paid for by Tenant, a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a failure to pay for such services within five (5) day week basisdays after notice shall authorize Landlord, excluding Saturdaysin Landlord's discretion and without further notice, Sundays to refuse to continue providing such extra or additional services in the future and legal holidays;
terminate any agreement for such extra or additional services unless and until (ei) 22 If such delinquency is paid and/or (ii) Tenant deposits the reasonable cost of such extra or additional service with Landlord and no such discontinuance or termination of extra or additional service shall be deemed an eviction or disturbance of Tenant's use of Premises or render Landlord liable for damages or relieve Tenant from any electrical equipment installed23 requires air conditioning capacity above that obligation. The provisions of this particular paragraph shall apply only to extra or additional services provided by Landlord in addition to the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(fservices set out in subparagraphs 10.(a) Initial lamps, bulbs, starters and ballasts used within the Premises; and
through (g) Security above and as set out in Section 54(f) below. Nothing in this particular paragraph shall be construed to allow Landlord to discontinue providing the services set out in subparagraphs 10.(a) through (g) above and as set out in Section 54(f) below. Landlord does not warrant that any service will be free from interruptions caused by repairs, renewals, improvements, changes of service, break-downs, requirements of public utilities or public authorities, acts of other tenants, alterations, strikes, lockouts, labor controversies, civil commotion, riot, accidents, inability to obtain electrical power, fuel, steam, water, supplies or labor or other cause beyond the reasonable control of Landlord. No such interruption of service shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for the Building; provideddamages, howeverby abatement of Rent or otherwise, or relieve Tenant from performance of Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages for any interruption or stoppage of service. In no event shall not Landlord be liable to Tenant for special or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Buildingconsequential damages. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder not install upon the cost Premises equipment or fixtures which will require extraordinary usage of providing these additional services. Failure by Landlord to any extent to furnish any of such utilities without the above services, or any cessation thereof, resulting from causes beyond the control prior written consent of Landlord, which consent shall not render Landlord liable be unreasonably withheld. The equipment shown in any respect Exhibit A-1 and Exhibit A-2, which is necessary for damages to either person or property, nor shall that event be construed as an eviction the normal conduct of Tenant’s business, nor result in an abatement is hereby approved by Landlord by execution of Rentthis Lease. It is intended that Tenant shall generally operate its business during Normal Business Hours. Notwithstanding the foregoing, nor relieve Tenant from Landlord’s providing certain services above (such as by way of example and not limitation, water and electricity) outside of Normal Business Hours or Landlord’s consent to the installation and operation of any of Tenant’s obligations hereunder fixtures or equipment, if Tenant (includingfor example, but not limited to, the payment of Rent). Should by operating its business beyond Normal Business Hours) or any of the Tenant’s equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord fixtures shall use reasonable diligence to repair that equipment a disproportionate or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power extraordinary amount of services (such as HVAC or water) in excess of what is generally required for general office use and for the operation of the general banking equipment set forth on Exhibit A-2 (or replacements of such equipment which do not require more of such utilities than the original equipment), Landlord shall have the right to (a) adjust the billing to account for such extraordinary or disproportionate use and office business purposes (b) install at Landlord’s cost a separate meter for such utilities and charge the cost thereof directly to Tenant. Wherever heat generating machines or equipment are used in Premises which materially affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install, with a thirty (30) day notice to Tenant, supplementary air conditioning units to serve the Premises and the cost, operation and maintenance thereof shall be paid by Tenant to Landlord at reasonable rates established by Landlord, provided Landlord has agreed that this shall not apply to the operation of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement on Exhibit A-2 (or rebate replacements of Rent such equipment which do not require more of such utilities or damages on account of any interruption in service occasioned thereby resulting therefrom.25generate more heat than the original equipment).
Appears in 1 contract
Samples: Lease Agreement (Spacedev, Inc.)
Services to be Furnished by Landlord. Provided Tenant is not in default Default under any of the provisions of this LeaseLease beyond any applicable notice and cure period, and subject to reimbursement pursuant to Section 4.02 4.2 above, Landlord shall provide the following services services, some of which shall only be provided during standard hours of operation of the BuildingBuilding as specifically noted below. These The standard hours of operation are 7 6 a.m. to 7 6 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, the standard hours of operation with respect to the services provided to the Building only during the standard hours of operation may be expanded by Tenant provided that (a) Public utilities Landlord shall not be caused obligated to furnish operate the Premises with electricity Building HVAC system 24 hours a day on a continuous basis; however there will be times that Tenant will rquire HVAC service to the Building during non-standard hours of operation and water utilized in operating any Landlord agrees to provide such service to Tenant during such non-standard hours of operation, and all facilities serving the Premises;
(b) Tenant shall pay Landlord directly for all increases in Operating Expenses attributable to Landlord’s provision of services during such expanded hours. Notwithstanding anything herein to the contrary, the parties agree that the cooling unit(s) serving Tenant’s server room(s) will operate on a 24 hour per day basis.
7.2.1 Public utilities, including but not limited to electricity, sewer, water and telecommunication connectivity shall be furnished to the Premises during all hours and not just during standard hours of operation;
7.2.2 Hot and cold water at those points of supply provided for general use the Building shall be furnished during all hours and not just during standard hours of operation, central heat, ventilation and air conditioning shall be provided at such times as Landlord normally furnishes these services to other tenants in the BuildingProject (but in no event less than during the standard hours of operation) and at temperatures and in amounts as are considered standard for first class office buildings in Xxxxxxx, central heat but this service at times during the weekdays at other than standard hours of operation for the Project, on Saturday afternoons, Sundays and air conditioning;20holidays shall be furnished only upon request of Tenant, who shall bear the entire costs thereof;
(c) Routine 7.2.3 Unless otherwise provided by Tenant pursuant to Section 7.3 below, routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and Building, consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21Xxxxxxx;
(d) Janitorial 7.2.4 Unless otherwise provided by Tenant pursuant to Section 7.3 below, janitorial service on a five (5) day week basis, excluding Fridays, Saturdays, Sundays and legal holidays;
7.2.5 Electrical facilities at the Premises shall be capable of providing Tenant with (ei) 22 If sufficient power for typewriters, personal computers and other small office machines of similar low electrical consumption, but not including electricity required for electronic data processing equipment, special lighting in excess of building standard, and any other item of electrical equipment installed23 which (itself) consumes more than .5 kilowatts per hour at rated capacity or requires a voltage other than 120 volts single phase per square foot; (ii) and shall otherwise be consistent with the specifications set forth in the bid documents for the Work as approved by Tenant. The existing air conditioning capacity above that provided by system serving the building standard system, then the additional air conditioning installation and corresponding operating costs Premises will be supplemented with a separate system to provide HVAC service to the separate obligation of Server Rooms (described in the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premisesattached Work Letter); and
(g) Security for 7.2.6 Tenant acknowledges and agrees that, while Landlord may in its sole and absolute discretion engage security personnel to patrol the Building; provided, howeverexterior of the Building or the Project, Landlord is not providing any security services with respect to the Premises and that Landlord, except to the extent caused by Landlord’s gross negligence, shall not be liable to Tenant for, and Tenant waives any claim against Landlord with respect to, any loss by theft or any employeeother damage suffered or incurred by Tenant in connection with any unauthorized entry into the Premises by any third party or any other breach of security with respect to the Premises, inviteethe Building or the Project. Tenant hereby agrees to the exercise by Landlord, licensee within its reasonable discretion, of such security measures as, but not limited to, the evacuation of the Premises, the Building or sublessee the Project for cause, suspected cause or for drill purposes, the denial of any access to the Premises, the Building or the Project and other similarly related actions that it deems necessary to prevent any threat of property damage or bodily injury. Provided such actions are reasonably necessary and appropriate, the exercise of such security measures by Landlord, and the resulting interruption of service and cessation of Tenant’s business, if any, shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, or render Landlord liable to Tenant for losses due to theft any resulting damages or burglaryrelieve Tenant from Tenant’s obligations under this Lease.
7.2.7 Landlord shall, or for damages done by unauthorized persons in at Tenant’s expense, maintain and repair all of the BuildingHVAC systems serving the Premises. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 those described above or generally considered “standard” in a single occupant first class office building and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the reasonable cost of providing these additional services. Tenant will have the right to operate the Building HVAC system for periodic intervals after standard hours by utilizing an override switch. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of (a) Subject to the provisions of this Lease, and subject other matters referred to reimbursement pursuant to Section 4.02 aboveherein, Landlord shall provide shall, at its own expense, furnish to Tenant the following services during standard hours of operation the Term of the Building. These standard hours of operation are 7 a.m. Lease:
(i) Janitorial service provided five (5) nights per week in a manner similar to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdaysother Class "A" office buildings in San Antonio.
(aii) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting Elevator service for all Common Areas and special service public areas of the Building in the manner and to the extent deemed by Landlord to be reasonable and standard.
(iii) Air conditioning and heating as reasonably required in Landlord's judgment for comfortable use and occupancy of the Leased Premises under normal office conditions from 7:00 a.m. to 7:00 p.m. Monday through Friday, and 7:00 a.m. to 1:00 p.m. Saturday, but not on Sundays or such holidays as Landlord determines will be observed from time to time by tenants occupying a majority of the area in the Building.
(iv) Replacement of lamps in the ceiling of the Leased Premises excluding any lamps not included in the building standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21not installed by Landlord;
(dv) Janitorial Cold water (at normal temperature of the supply of water to the Building) for lavatory purposes in the restrooms on each floor, refrigerated water for drinking purposes at such location or locations on each floor as is designated by Landlord, and hot water (from the regular Building supply at the prevailing temperatures) for lavatory purposes in the restrooms on each floor, all such water service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidaysto be supplied from the regular supply of water to the Building through fixtures installed by Landlord or by Tenant with Landlord's written consent;
(evi) 22 If any electrical equipment installed23 requires Electrical services to the Leased Premises required by Tenant in the normal use and occupancy of the Leased Premises not to exceed 120-277 volts or 15 amperes, at the locations provided in the plans and specifications furnished or to be furnished pursuant to Paragraph 8.
(b) The obligation of Landlord to supply the electrical, water, air conditioning capacity above that and heating services shall be subject to all laws, rules and regulations of any governmental authorities and the supplier of such utilities to the Building and any reduction in such services by the supplier thereof shall not cause Landlord to be in default hereunder.
(c) If the use of the Leased Premises requires the providing of additional electrical, air conditioning or heating service to the Leased Premises, Tenant shall pay Landlord the additional expense resulting therefrom as determined from time to time by Landlord at such times as provided by separate written agreement executed by Tenant and Landlord simultaneously with the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation execution of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Buildingthis Lease; provided, however, that nothing in this Paragraph 11 shall permit the use or installation of any equipment in violation of the provisions of Paragraph 9. Without limiting the foregoing provisions of this subparagraph (c) of this Paragraph 11, if in Landlord's reasonable opinion the Tenant's use of any fixtures or equipment causes or would cause the use of more electrical service to the Building than the amount allocated to the Leased Premises, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant may install instruments for losses due to theft or burglary, or for damages done measuring the electrical service used by unauthorized persons in the Buildingsaid fixtures and equipment AT LANDLORD'S SOLE COST AND EXPENSE. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicessuch event, Tenant shall pay Landlord an Additional Electrical Charge (as hereafter defined) within ten (10) days following Landlord's delivery of written demand for same. If any Additional Rent hereunder the cost of providing these additional services. Failure Electrical Charge is not received by Landlord to any extent to furnish any within said period, Tenant shall pay a Late Charge calculated and payable in accordance with the provisions of Paragraph 6. The Additional Electrical Charge shall ONLY include Landlord's actual costs of the above electrical service used by said fixtures and equipment,
(d) No interruption, curtailment, reduction or malfunction of any such services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, interruptions for repair of service pipes and lines, shall: (i) constitute an eviction or disturbance of Tenant's use and possession of the payment Leased Premises or Building; (ii) constitute a breach by Landlord of Rent). Should any of its obligations hereunder; (iii) render Landlord liable for damages; (iv) entitle Tenant to be relieved from any of its obligations hereunder; or (v) grant Tenant any right of set-off or recoupment. In the equipment or machinery utilized in supplying the services listed herein for event of any cause cease to function properlysuch interruption, however, Landlord shall use reasonable diligence to repair restore such service. NOTWITHSTANDING THE FOREGOING, IF (a) ANY INTERRUPTION OF BUILDING SERVICES CAUSES ALL OR A MAJORITY OF THE PREMISES TO BE UNTENATABLE FOR A PERIOD OF THREE (3) BUSINESS DAYS OR MORE IF CAUSED BY LANDLORD OR LANDLORD'S EMPLOYEES, AGENTS OR REPRESENTATIVES, OR SEVEN (7) CONSECUTIVE BUSINESS DAYS IN ANY OTHER EVENT, RENT SHALL BE ABATED PROPORTIONATELY FROM THE DATE OF INTERRUPTION UNTIL THE SERVICE IS RESTORED.
(e) In the event that equipment Tenant desires air conditioning or machinery promptlyheating at any time or times other than as specified in subpart (iii) of subparagraph (a) of this Paragraph 11, but and Landlord consents to the furnishing of such service at the time or times requested by Tenant, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power be charged for such air conditioning or heating furnished by Landlord during such periods at Landlord's then standard hourly rate applicable during the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25periods when such services are furnished. SUCH RATE SHALL CORRESPOND TO THE KILOWATT PRICE INDEX PUBLISHED BY CITY PUBLIC SERVICE.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Leasefollowing services, and subject to reimbursement pursuant any limitations which may be imposed thereon from time to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.time by any governmental authority:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20heating and air-conditioning in season at such temperatures as are deemed standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th xxxxx xxx 0xx xxxxx xxxx xx the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th xxxxx xxxxx xxxx , Xxxxxx xxxires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowance.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard standard.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;incorporated herein by reference.
(d) Janitorial service on a five Subject to the provisions of Paragraph 10 and Paragraph 6
(5a) day week basisBuilding Standard facilities, excluding Saturdays(which shall be agreed upon by both Landlord and Tenant), Sundays to provide electrical current sufficient to illuminate the Premises and legal holidays;for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by All Building Standard fluorescent bulb replacement in the building standard system, then Premises and fluorescent and incandescent bulb replacement in the additional air conditioning installation Common Areas and corresponding operating costs will be the separate obligation of the Tenant;Service Areas.
(f) Initial lamps, bulbs, starters and ballasts used within Access to the Premises; and
(g) Security for the Building; providedBuilding may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or propertyrespect, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement thereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of A. Subject to the provisions of this LeaseArticle XI below, and subject Landlord, as part of Basic Costs, agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish Tenant the following services during standard hours of operation of the Buildingat a level reasonably consistent with comparable class A office buildings:
1. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold Cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard for buildings of similar class, size, age and location, or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished to Tenant upon Tenant's initiation of the heating and air conditioning system after Normal Business Hours through use of Tenant's security access key. Tenant shall pay Landlord, upon demand as additional rent, the entire cost of additional service as such costs are determined by Landlord from time to time. Landlord's charge for after hours HVAC services for the first two (2) years of the initial Lease Term shall be $45.00 per hour, per zone.
(c) 2. Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard for buildings of similar class, size, age and consistent location.
3. Janitor service on Business Days in accordance with the operation and maintenance of the Building cleaning specifications attached hereto as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basisExhibit G or such other comparable specifications designated, excluding Saturdaysfrom time to time, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingLandlord; provided, however, Landlord shall not be liable to Tenant if Tenant's use, floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall be subject to Landlord's reasonable approval) to do such work or, (ii) pay Landlord the additional cost reasonably attributable thereto as Additional additional Rent hereunder upon presentation of statements therefor by Landlord.
4. Elevator service in common with other tenants of the cost Building for ingress and egress to and from the floor of providing these additional services. Failure the Premises during Normal Business Hours, provided that, subject to Force Majeure, at least one (1) passenger elevator servicing the Premises shall be available for the use of Tenant, twenty-four (24) hours a day, 365/6 days per year.
B. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if (i) Landlord ceases to furnish any service In the Building, and Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant’s obligations hereunder , (includingiii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), but not limited to(iv) the repair or restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the payment Premises or a material portion thereof; is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of Rent)its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy for such cessation shall be as follows: on the fifth (5th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis for each day after such five (5) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlymachinery, but except as otherwise expressly provided herein, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Landlord's entire obligation with respect to the repair and maintenance of the Premises are set forth above.
C. Tenant expressly acknowledges that If Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend any one suspected of personal injury or property damage in, on or around the Property.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide to Tenant, at no additional or separate charge to Tenant, for the following services during standard hours listed in this Paragraph 7, the level and quality of operation services typically provided by landlords of buildings of the Buildingsame quality as the Building within a radius of two miles of the Building and Tenant shall be entitled to install and operate photocopiers, telephone and telecopy equipment, word processing equipment, computers and other equipment customarily used in first class office space in such area without additional charge. These standard hours of operation are 7 a.m. Charges for additional services shall not exceed Landlord's reasonable charges. The services Landlord is obligated to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.provide shall include:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard for comparable buildings or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time to time. Tenant shall have the right to install separate HVAC equipment, which will be separately metered and paid by Tenant. The current after hours rate for HVAC is $49.00 per EXHIBIT 10.7 hour, with a two hour minimum, during the Lease Term. This rate is subject to change due to changes in electricity rates charged to Landlord.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial Janitor service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, Landlord shall not be liable to Tenant if Tenant's floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesother improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord.
(d) Subject to the provisions of Paragraph 11 hereof, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All fluorescent bulb replacement in the Premises necessary to maintain the lighting provided by Landlord as Additional Rent hereunder set forth in the Work Letter Agreement attached hereto as Exhibit "D" as a part of the Building Standard Materials and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Passenger elevators for ingress and egress to and from the floor of the Premises during Normal Business Hours and with at least one passenger elevator available at all other times.
(g) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate consistent with buildings of the same quality as the Building within a radius of two miles of the Building. Coded access cards will be provided to Tenant's authorized employees for after hours access to the Building, and a fee will be charged by Landlord based on its costs for such cards. Tenant also shall have the right, at its sole cost and expense, to install and operate such additional access control systems as it shall determine for the purpose of providing these additional serviceslimiting access to or within the Premises, provided that Tenant gets Landlord's written approval of such systems before installation and provided that Landlord shall be provided access to such systems to enter Tenant's space at any time. Failure Tenant shall cooperate fully in Landlord's efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto.
(h) Access to Landlord's delivery docks, if any, for use only during the construction of the Tenant Improvements (as hereinafter defined), subject to Landlord's rules and regulations regarding use of the delivery docks and subject to Landlord's prior written approval of Tenant's proposed use of the delivery docks. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, FORCE MAJEURE or any other causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlybut, but except as otherwise expressly provided herein, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Except as expressly provided herein, Landlord shall not be required to make any repairs to or maintain the Premises. However, if services are interrupted or abated for any reason, or if Landlord interferes with Tenant's operations as a result of the exercise by Landlord of its right to enter into the Premises, or perform services or work with respect to any other portion of the Building, and as a result of such interruption, Tenant cannot use the Premises in substantially the same manner as prior to such interruption for five (5) consecutive business days, Tenant shall have the right to xxxxx rent on a pro rata basis based on the amount of the Premises which are substantially unusable until such interference is remedied. Landlord shall maintain the Building, all structural components thereof, all base building improvements, all mechanical, electrical, and plumbing facilities, outside of the Premises, not including any HVAC equipment installed by Tenant, the roof and roof membrane, all utilities, all parking areas, and all common areas in a condition comparable to that of other buildings comparable to the Building within a two mile radius of the Building. EXHIBIT 10.7
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of A. Subject to the provisions of this LeaseArticle XI below, and subject Landlord, as part of Basic Costs, agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish Tenant the following services during standard hours of operation of services:
1. Hot and cold water in the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot Common Area lavatories and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures thermostatically controlled by Tenant and in such amounts as are considered by Landlord to be standard for buildings of similar class, size, age and location, or as required by governmental authority. Notwithstanding the foregoing, Tenant acknowledges that electricity to the Promises is separately metered and that the electricity consumed in connection with supplying HVAC service to the Premises is included on such meter and billed directly to Tenant in accordance with the provisions of Article XI of this Lease. Notwithstanding the foregoing, if Tenant requires HVAC service after Normal Business Hours, in addition to the cost of electricity consumed, Tenant shall be required to pay Landlord a separate charge for the cost incurred by Landlord for operating its water source heat pumps and related equipment. Such additional costs shall be measured by a separate override meter and allocated proportionally between Tenant and any other tenants of the Building, if any, that requested after hours HVAC service for those hours during which such service is being supplied to Tenant. Tenant shall pay Landlord for such additional costs upon demand as additional Rent.
(c) 2. Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed extent; and replacement of building standard fluorescent tubes, light bulbs and ballasts in the Premises as required as a result of normal usage standard for buildings of similar class, size, age and location.
3. Janitor service on Business Days in accordance with the schedule attached hereto as Exhibit H (or such reasonably comparable specifications designated by Landlord from time to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Buildingtime); provided, however, Landlord shall not be liable to Tenant if Tenant's use, floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall be subject to Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord. Upon request from Tenant, Landlord shall provide Tenant with a copy of its then current janitorial and cleaning specifications.
4. Elevator service in common with other tenants of the Building for ingress and egress to and from the floor of the Promises during Normal Business Hours, provided that, subject to force majeure, at least one
(1) elevator shall be available to serve the Premises 24 hours per day, 7 days a week.
5. Snow removal and ice treatment as Additional Rent necessary to provide the parking required hereunder and access to the cost Premises. Subject to Landlord's reasonable rules and regulations and temporary closures for emergency purposes, Tenant shall have access to its parking and the Premises 24 hours per day, 7 days per week.
B. Except for the alteration, maintenance and repair responsibilities of providing these additional servicesTenant with respect to the Premises which are expressly set forth in this Lease, Landlord shall operate and maintain the Building and the Park in accordance with all applicable laws, with all requirements of any applicable board of property insurance underwriters (to the extent necessary for Landlord to maintain the insurance required hereunder), and with the standards prevailing from time to time for projects of similar class, size, age and location, and, in any event, in as good a condition as at the time this Lease is executed by Landlord and Tenant, reasonable wear and tear excepted. Failure Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any other causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlymachinery, but except as otherwise expressly provided herein, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. To the extent reasonably possible based on the nature of the work to be performed, Landlord shall schedule the performance of any repairs, improvements or alterations that will result In an interruption of service for non Business Days or after Normal Business Hours. Landlord's entire obligation with respect to the repair and maintenance of the Premises are set forth In this Lease.
C. Notwithstanding anything to the contrary contained in this Section VII if (I) Landlord ceases to furnish any utility or service to the Premises, Building or Common Areas or any damaged or dysfunctional aspect of the Premises, Building or Common Areas which is not Tenant's repair responsibility interferes with Tenant's use or the Premises and Tenant notifies Landlord of such cessation in writing (the "Interruption Notice'), (II) such cessation or other problem does not arise as a result of an act or omission of Tenant, (III) such cessation or other problem is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such cessation or other problem Is reasonably within the control of Landlord, and (v) as a result of such cessation or other problem, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant Is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy shall be as follows: on the third (3rd) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per them basis for each day after such three (3) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Landlord agrees to proceed in good faith and with due diligence to correct any such interruption of service or other problem. If, as a result of any such interruption in services or other problem, all or any part of the Premises are rendered untenantable for more than 30 consecutive days (or such longer period as may be necessary to cure [not to exceed 60 days]) or more than 60 days (in the aggregate) in any lease year, Tenant may, at Tenant's option, by 30 days' prior written notice given to Landlord at any time after such 30th day (as the same may be extended) or 60th day, as applicable, and before the Premises are again usable, terminate this Lease.
D. Notwithstanding anything to the contrary contained in this Section VII.B. if (I) Landlord ceases to furnish any utility or service to the Premises, Building or Common Areas or any damaged or dysfunctional aspect of the Premises, Building or Common Areas which is not Tenant's repair responsibility interferes with Tenant's use or the Premises and Tenant notifies Landlord of such cessation In writing (the "Interruption Notice"), (II) such cessation or other problem does not arise as a result of an act or omission of Tenant, (III) such cessation or other problem is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such cessation or other problem IS NOT reasonably within the control of Landlord, and (v) as a result of such cessation or other problem, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy shall be as follows: on the fifteenth (15th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis for each day after such fifteen (15) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Landlord agrees to proceed in good faith and with due diligence to correct any such Interruption of service or other problem. If, as a result of any such interruption in services or other problem, all or any part of the Premises are rendered untenantable for more than 130 consecutive days, Tenant may, at Tenant's option, by 30 days' prior written notice given to Landlord at any time after such 130th day and before the Premises are again usable, terminate this Lease. Notwithstanding anything in Section VII.C. or the VII.D. to the contrary, it is understood and agreed that Landlord shall be entitled to take whatever action is necessary to restore the interrupted services, including, without limitation, the installation of a temporary generator to provide electrical service to the Building, providing portable washroom facilities, etc. and, upon such restoration of services, Tenant's obligation to pay Rent shall commence, provided that (x) if Landlord elects to restore services by such temporary measures, Landlord shall continue to provide such temporary services until the interrupted services in question are restored, and (y) the furnishing of temporary services shall not relieve Landlord of its obligation to proceed in good faith to perform any necessary repairs, replacements or other work that is necessary to restore the services in question.
E. Tenant expressly acknowledges that If Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend any one suspected of personal injury or property damage in, on or around the Park.
Appears in 1 contract
Samples: Office Lease (Phoenix International Life Sciences Inc)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold Unheated water at those points of supply provided for drinking and lavatory purposes for the general use of other tenants in of the Building, central heat Building and air conditioning;20the Complex;
(cb) Routine maintenance, painting maintenance and electric lighting service for all the Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a five (5) day week basisservice, excluding Saturdays5 days per week, Sundays and legal exclusive of normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord.
(d) Facilities to provide all electrical current required for general office use and occupancy of the Premises, including the cost of the electrical current with limitation for a separately metered HVAC system serving Tenant's computer room. Tenant's usage of electrical current for the Premises for a separately metered HVAC system, shall be separately metered or sub-metered at Tenant's expense and paid by Tenant. At the option of Landlord, all such charges shall be either: (i) paid by Tenant directly to the provider thereof prior to delinquency; or (ii) paid by Tenant to Landlord as additional rent promptly after being invoiced therefor.
(e) Fluorescent and incandescent bulb replacement in the Common Areas.
(f) Passenger elevator service in common with other Building tenants for ingress to and egress from the Premises.
(g) Landlord shall not have no obligation to provide any security whatsoever for the Complex, Common Areas, Parking Facility, the Premises and/or Tenant's business therein. Tenant does hereby acknowledge and agree that it shall provide and be liable solely responsible for its own security, at Tenant's sole cost and expense, as may be required for the operation of Tenant's business within the Premises and Landlord shall have no liability to Tenant Tenant, its employees, agents, invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons in the BuildingPremises, Common Areas, Parking Facility, or the Complex or for any injury, trauma or other harm to any person, and neither shall Landlord be required to insure against any such losses. In the event Tenant desires any shall be responsible for all repairs and replacements of damage and/or destruction of the aforementioned Premises necessitated by burglary or attempted burglary, or any other illegal or forcible entry into the Premises. Notwithstanding the foregoing, Tenant acknowledges and agrees Landlord may, but will not be required to, adopt and provide security services for the Complex from time to time. Tenant shall cooperate fully in amounts in excess any efforts of those24 and Landlord to maintain security in the event Complex and shall follow all rules and regulations promulgated by Landlord elects with respect thereto. However, any security services that are voluntarily undertaken by Landlord may be changed or discontinued from time to time in Landlord's sole and absolute discretion, without liability to Tenant, its employees, agents, customers and invitees. Tenant waives any claims it may have against Landlord arising out of any security services provided by Landlord, or the inadequacy or absence thereof, specifically including Landlord's negligence with respect to the providing or failure to provide these such services.
(i) Air-conditioning during Normal Business Hours, as Landlord in its reasonable discretion considers to be standard for similarly situated buildings or as required by governmental authority; provided, however, heating and air-conditioning service at times other than for Normal Business Hours for the Building and the Complex shall be furnished only upon the written request of Tenant delivered to Landlord prior to 11:00 a.m. at least one business day in advance of the date for which such usage is requested. Such usage shall be at Tenant's expense at the rate as reasonably determined by Landlord from time to time, which charge shall be considered as additional services, rent and which Tenant shall pay Landlord as Additional Rent hereunder promptly upon being invoiced therefor. Tenant will not be responsible for any over time air-conditioning used during months 1-6 of the cost of providing these additional servicesinitial lease term. Failure Thereafter, Tenant will be billed a flat $500.00 per month for all over time air-conditioning usage. The failure by Landlord to any extent to furnish any furnish, or the interruption or termination of the above these defined services, in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Except as may be specifically provided for herein to the contrary, no abatement, diminution or reduction of Base Rent or any Additional Rent, or any other charges or compensation, shall be claimed by or allowed to Tenant, or any persons claiming under Tenant, under any circumstances, whether for inconvenience, discomfort, interruption of business or otherwise, arising from any cause or reason.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish (at Landlord's cost) to Tenant while occupying the Leased Premises the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(bA) Hot and cold water at those points of supply provided for general use of other the tenants in the Building, central heat ;
(B) Heat and air conditioning;20
(c) Routine maintenanceconditioning in season, painting and electric lighting service during normal business hours for all Common Areas and special service areas of the Building at such temperatures and in the manner and to the extent deemed such amounts as are considered by Landlord to be standard standard. Normal business hours are 7:00 A.M. to 6:00 P.M., Monday through Friday and consistent 7:00 A.M. to 1:00 P.M. on Saturdays. Such service at times other than normal business hours shall be optional on the part of Landlord, provided that upon reasonable prior notice such service will be provided to Tenant at Tenant's expense, at an hourly charge of $250.00.
(C) Elevator service in common with other tenants for ingress and egress to and from the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21Building;
(dD) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 basis provided that Tenant's floor covering or other improvements are building standard. If any electrical equipment installed23 requires air conditioning capacity above that provided by the building Tenant's improvements require other than standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional janitorial services, Tenant shall pay Landlord as Additional Rent hereunder may contract directly with a janitor, approved by Landlord, to clean those above standard improvements at Tenant's cost.
(E) Electric current (110 volts) for normal office usage in the cost Leased Premises and electric lighting service or all public areas and special service areas of providing these additional servicesthe Building, plus replacement fluorescent light bulbs for the ceiling fixtures in the Leased Premises. Failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofstoppage of, these defined services, resulting from causes beyond the control of Landlord, or from any other cause, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work as an abatement of Rentrent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized in supplying the services listed herein break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery the same promptly, but . Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent rent or damages on account of any interruption interruptions in service occasioned thereby or resulting therefrom.25therefrom. Notwithstanding the above, if there is an interruption in electricity, heating, ventilating and air conditioning or water service to the Leased Premises and such interruption continues for a period of seven (7) consecutive business days after receipt by Landlord of written notice from Tenant of such interruption, the Tenant shall be entitled to an abatement of the full current Monthly Base Rental Amount effective from the time of interruption, which abatement shall continue until such services are restored.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, Landlord covenants and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.agrees with Tenant:
(a) Public utilities shall be caused to To furnish the Premises with electricity and water utilized in operating any and all the facilities serving the Leased Premises;, except as otherwise provided herein.
(b) So long as Lessee is not in default hereunder, Lessor shall furnish the Leased Premises during reasonable and usual business hours (which hours shall be from 8:00 A.M. to 6:00 P.M. Monday through Friday, excluding holidays), the following services at Lessor's sole expense except as otherwise provided in this lease.
(i) Air-conditioning as reasonably required for comfortable use (subject to federal, state, and local regulations). Lessor retains the option of whether to keep the building air-conditioned on Saturdays, Sundays, and/or legal holidays. Whenever machines or equipment which generate unusual heat are used in the Leased Premises and affect temperature otherwise maintained by the building air-conditioning system, Lessor reserves the right to install supplementary air-conditioning units in the Leased Premises and the costs thereof as well as the cost of operation and maintenance thereof shall be paid by Lessee to Lessor simultaneous with Lessor's incurring any such cost or expense.
(ii) Hot and cold water at those points of supply provided for general use of other tenants in the Building, ; central heat and air conditioning;20
(c) Routine maintenanceconditioning in season, painting at such times as Landlord normally furnishes these services to other tenants in the Building and at such temperatures and in such amounts as are considered by Landlord to be standard, but such service on Saturday, Sundays and holidays to be furnished only upon the request of Tenant, who shall bear the entire cost thereof; routine maintenance and electric lighting service for all Common Areas public areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial standard. Landlord will furnish janitor service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Buildingbasis at no extra charge; provided, however, Landlord shall not be liable to Tenant if Tenant's floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesother improvements are other than building standard, Tenant shall pay Landlord the additional cleaning cost attributable thereto as Additional Rent hereunder the cost of providing these additional servicesrent. Failure by Landlord to any extent to furnish any of the above these defined services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized in supplying the services listed herein break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery same promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent rent or damages on account of any interruption interruptions in service occasioned thereby or resulting therefrom.25therefrom.
(iii) Proper electrical facilities to furnish sufficient power for typewriters, voice writers, calculating machines and other machines of similar low electrical consumption; but not including electricity required for Radler Office Form 1/97 6 electronic data processing eqxxxxxxt which (singly) consumes more than 0.5 kilowatts per hour at a rated capacity or require a voltage other than 120 volts single phase. When hear generating machines, equipment, fixtures or other devices of any nature whatsoever are used in the premises by Tenant which affect the temperature otherwise maintained by the air conditioning system, Landlord shall have the right to install supplementary air conditioning units in the premises, and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Lessor has the right to meter and to charge Tenant for excessive consumption as well as the cost of installing such meter.
(c) To use Landlord's best efforts to control access to the truck loading area and provide security to the Building during the weekends and after normal working hours during the week. Landlord shall not be liable to Tenant for losses due to theft or burglary, or for damages done by unauthorized persons on the premises.
(d) To furnish Tenant, free of charge, with two keys for each corridor door entering the Leased Premises. and additional keys will he furnished at a charge by Landlord equal to its cost plus 15% on an order signed by Tenant or Tenant's authorized representative. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any door of Leased Premises without Landlord's permission, and Tenant shall not make, or permit to be made, any duplicate keys, except those furnished by Landlord. Upon termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises, and give to Landlord the explanation of the combination of all locks for safes, safe cabinets and vault doors, if any, in the Leased Premises.
(e) To provide and install, at Tenant's cost, all letters or numerals by or on doors in the Leased Premises; all such letters and numerals shall be in the building standard graphics. Tenant will not paint, install lighting or decorations, or install any signs, window or door lettering or advertising media of any type on or about the Leased Premises or any part thereof, without the prior written consent of Landlord.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not A. Landlord shall furnish the following services: (i) heating and air conditioning during Normal Business Hours to provide a temperature condition required, in default under any Landlord’s reasonable judgment, for comfortable occupancy of the provisions of this LeasePremises under normal business operations; (ii) water for drinking and, and subject to reimbursement pursuant to Section 4.02 aboveLandlord’s approval, Landlord which shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m.not be unreasonably withheld, Monday through Fridayconditioned or delayed, water at Tenant’s expense for any private restrooms and 8 a.m. to 1 p.m., on Saturdays.
office kitchen requested by Tenant; (aiii) Public utilities shall be caused to furnish janitorial service in the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day days a week basis(excluding holidays); (iv) electricity to the Premises for general office use, excluding Saturdaysin accordance with and subject to the terms and conditions of Section 10 of this Lease; and (v) passenger elevator service, Sundays 24 hours a day, 7 days a week; and legal holidays;freight elevator service on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord.
(e) 22 B. If Tenant requests any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard systemother utilities or Building services in addition to those identified in Section 6A, then the additional air conditioning installation and corresponding operating costs will be the separate obligation or any of the Tenant;
(f) Initial lampsabove utilities or Building services in frequency, bulbsscope, starters and ballasts used within quality or quantities substantially greater than the Premises; and
(g) Security standards set by Landlord for the Building; provided, however, then Landlord shall not be liable use reasonable efforts to attempt to furnish Tenant with such additional utilities or any employee, invitee, licensee Building services. Landlord may impose a reasonable charge for such additional utilities or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional Building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional servicesBase Rent is due after written notification from Landlord of the amount of such charge. Failure Landlord’s current charge for heating and air conditioning during hours other than Normal Business Hours is $10.00 per hour per zone, plus applicable taxes. Each floor of the Building contains approximately eleven (11) such zones.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of utilities and Building services identified in Section 6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an actual or constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder covenant or agreement hereof.
D. Notwithstanding anything to the contrary contained in this Section 6, if: (including, but not limited to, i) Landlord ceases to furnish any service described in Section 6A in the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein Premises and Common Areas necessary for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reductionperiod in excess of five (5) consecutive Business Days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement or rebate of Base Rent or damages payable hereunder during the period beginning on account the sixth (6th) consecutive Business Day of any interruption such cessation and ending on the day when the service in service occasioned thereby resulting therefrom.25question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant.
Appears in 1 contract
Samples: Office Lease Agreement (Lpath, Inc)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water Water at those points of supply provided for general use of Tenant and other tenants in the Building, central heat and air conditioning;20;
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a five (5) day week basisto the Premises and all Common Areas Mondays through Fridays, excluding Saturdays, Sundays and legal exclusive of normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant's floor covering or other improvements to the Premises require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statements therefore by Landlord.
(d) Subject to the provisions of Paragraph 13, facilites to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Security in the form of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate Landlord, however, shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord's efforts to maintain security in the Building. In the event Tenant desires any Building and shall follow all regulations promulgated by Landlord with respect thereto.
(g) Elevator service to each floor of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Premises provided that Tenant shall pay be permitted to use such elevators for the purpose of moving bulky property in and out of the Building only during other than Normal Business Hours and only after first obtaining Landlord's consent to be submitted not less than five (5) days in-advance of each move. Tenant shall promptly reimburse Landlord as Additional Rent hereunder for all costs associated with the after-hours operation of the elevator service for moving purposes, including without limitation the cost of providing these additional servicesany operator or security personnel and Tenant shall also promptly reimburse Landlord's cost to repair any damage to the elevator cab(s) or the Building resulting from Tenant's moving. Failure The failure by Landlord to any extent to furnish any the defined services noted above in whole or in parts or the interruption or termination of the above services, or any cessation thereofsame, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction (constructive or otherwise) of Tenant, Tenant nor result in cause an abatement of Rent, rent nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein cease for any cause cease reason to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby thereby, or resulting therefrom.25therefrom.
Appears in 1 contract
Samples: Office Lease Agreement (Zix Corp)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) 8.1 Hot and cold water at those points of supply provided for general use of other tenants in the Building.
8.2 Except with regard to any HVAC system or unit that exclusively serves the Premises (or any portion thereof), which shall be Tenant’s responsibility pursuant to Paragraph 11.2 herein, Landlord shall furnish central heat and air conditioning;20conditioning sufficient for the comfortable occupancy of the Premises. Central heating and air conditioning service at times other than during Normal Business Hours shall be available to Tenant; provided, however, Tenant shall bear Landlord’s actual cost (as Additional Rent) of such additional heating and air conditioning used by Tenant at times other than Normal Business Hours in excess of 40 hours during each lease year during the term hereof within thirty (30) days following demand by Landlord, provided further that such cost shall not exceed the sum of $35.00 per hour. If heat-generating machines or equipment shall be used in the Premises by Tenant which affect the temperature otherwise maintained by the Building HVAC system, Landlord shall have the right (at Landlord’s option) to install (or to require Tenant to install) one or more HVAC systems or units that exclusively serve the Premises (or the portion thereof where such heat-generating machines or equipment are located). As set forth in Paragraph 11.2 herein, the cost of any such separate HVAC systems or units that exclusively serve the Premises, including the cost of installation and the cost of operation and maintenance thereof, shall be borne by Tenant.
(c) 8.3 Electrical service to serve the Common Areas and the Premises. Landlord has informed Tenant that Progress Energy will be the utility company selected by Landlord to provide electrical service to the Building and the Building Exterior Common Areas. Notwithstanding the foregoing, if permitted by applicable law, Landlord shall have the right at any time and from time to time during the Lease Term to either contract for electrical service from a different company or companies in the business of providing electrical service or continue to contract for electrical service from Progress Energy. Tenant shall cooperate with Landlord and the electrical service provider selected by Landlord from time to time, as reasonably necessary, to grant Landlord and such selected electrical service provider access to any of the Building’s electric lines, feeders, risers, wiring and related and associated equipment that are located within, or accessible from, the Premises.
8.4 Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard standard.
8.5 Tenant, its employees, and consistent its invitees who have been registered with Landlord shall have access to the operation Premises (including elevator service) by a code or card access system seven (7) days a week, twenty-four (24) hours a day. Tenant shall receive an allotment, for all of its employees and maintenance for its invitees who are registered with Landlord, of up to twelve (12) access cards and one (1) access code (the “Access Card Allotment”). Landlord shall bear the cost of each such code or card up to the Access Card Allotment, provided Tenant shall pay to Landlord (as Additional Rent, within thirty (30) days after Tenant receives an invoice therefor) Ten and No/100 Dollars ($10.00) for each access code or card (including replacement codes or cards) in excess of the Building as a first-class office building in Access Card Allotment which is issued to Tenant during the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; providedLease Term. Landlord, however, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, burglary or for damages done by unauthorized persons in on the BuildingPremises, and Landlord shall not be required to insure against any such losses. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 shall cooperate fully with Landlord’s efforts to maintain controlled access to and in the event Building during times other than Normal Business Hours and shall follow all regulations promulgated by Landlord elects with respect thereto.
8.6 Landlord shall, as part of Landlord’s Construction Obligations (as set forth in Exhibit C hereto, supply the Premises with access to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional servicescable television. Failure The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from any Force Majeure Matters or from any other causes beyond the reasonable control of Landlord, Landlord shall not (i) render Landlord liable in any respect for damages to either person or propertyrespect, nor shall that event (ii) be construed as an eviction of Tenant, nor result in (iii) work an abatement of Rentrent, nor or (iv) relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement in this Lease. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby resulting therefrom.25therefrom. Amounts payable pursuant to this Paragraph 8 shall be deemed to be Additional Rent due from Tenant to Landlord, and any default in the payment thereof shall entitle Landlord to all remedies provided for herein at law or in equity on account of Tenant’s failure to pay Base Rent.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not A. Landlord shall furnish the following services: (i) heating and air conditioning during Normal Business Hours to provide a temperature condition required, in default under any Landlord’s reasonable judgment, for comfortable occupancy of the provisions Premises under normal business operations; (ii) hot and cold water for use in the common lavatories of the Building and cold water for the kitchenette within the Premises (any heating of such water for the kitchenette being the responsibility of Tenant); (iii) janitorial service in the Premises and Common Areas on Business Days; (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this LeaseLease and (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord. Tenant shall be permitted access to the Building and the Premises on a 24 hour per day, 7 day per week basis, subject to Force Majeure (as hereinafter defined) and Landlord’s reasonable security measures, and subject to reimbursement pursuant Landlord’s right to prohibit, restrict or limit access to the Building or the Premises in emergency situations if Landlord determines, in its reasonable discretion, that it is necessary or advisable to do so in order to prevent or protect against death or injury to persons or damage to property.
B. If Tenant requests any other utilities or building services in addition to those identified in Section 4.02 above6A, Landlord shall provide the following services during standard hours of operation or any of the Building. These standard hours of operation are 7 a.m. to 7 p.m.above utilities or building services in frequency, Monday through Fridayscope, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish quality or quantities substantially greater than the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided standards set by Landlord for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable use reasonable efforts to attempt to furnish Tenant with such additional utilities or any employee, invitee, licensee building services. Landlord may impose a reasonable charge for such additional utilities or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of utilities and Building services identified in Section 6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an actual or constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof.
D. Notwithstanding anything to the contrary contained in this Section 6, if: (i) Landlord ceases to furnish any service in the Building for a period in excess of five (5) consecutive Business Days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant’s obligations hereunder ; (including, but iii) such cessation is not limited tocaused by a fire or other casualty (in which case Section 16 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the payment Premises or a material portion thereof, is rendered untenantable and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent). Should any Base Rent payable hereunder during the period beginning on the sixth (6th) consecutive Business Day after Landlord’s receipt of the equipment or machinery utilized Interruption Notice and ending on the day when the service in supplying question has been restored. In the services listed herein for any cause cease event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to function properly, Landlord receive shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for be prorated based upon the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors percentage of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, so rendered untenantable and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25not used by Tenant.
Appears in 1 contract
Samples: Office Lease (Enernoc Inc)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold Unheated water at those points of supply provided for general use of other tenants in drinking and lavatory purposes at the Building, central heat and air conditioning;20;
(cb) Routine maintenance, painting maintenance and electric lighting service for all the Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard standard;
(c) Facilities to provide all electrical current required for general office use and consistent with the operation and maintenance occupancy of the Building Premises, but not the cost of the electrical current. Tenant’s usage of electrical current for the Premises, including, without limitation for HVAC, shall be separately metered or submetered at Tenant’s expense and paid by Tenant. At the option of Landlord, all such charges shall be either: (i) paid by Tenant directly to the provider thereof prior to delinquency; or (i i) paid by Tenant to Landlord as a first-class office building in the Central Business District (CBD) of 21Additional Rent promptly after being invoiced therefor;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays Fluorescent and legal holidaysincandescent bulb replacement in the Common Areas;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by Passenger elevator service in common with other Building tenants from existing elevators for ingress to and egress from the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the TenantPremises;
(f) Initial lampsStorm shutters for Tenant’s storefront but Tenant shall be responsible for the installation, bulbscare and maintenance of such storm shutters and shall install them, starters and ballasts used within when appropriate, promptly upon issuance of a storm warning by the Premises; andlocal governing authorities;
(g) Security Landlord shall have no obligation to provide any security for the Building; providedProperty, howeverthe Premises and/or Tenant’s business. Tenant agrees that it shall provide and be solely responsible for its own security, at Tenant’s expense for the operation of Tenant’s business. Landlord will not be providing any alarm system for individual tenant premises. Should Tenant wish to install a central service alarm system, Tenant shall register the same with the City of Ft. Lauderdale. Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons in the BuildingPremises or the Complex or for any injury, trauma or other harm to any person. In the event Landlord shall not be required to insure against any such losses. Tenant desires any shall be responsible for all repairs and replacements of damage and/or destruction of the aforementioned Premises necessitated by burglary or attempted burglary, or any other illegal or forcible entry into the Premises. Notwithstanding the foregoing, Landlord may, at its option, adopt and provide security services for the Complex from time to time. Tenant shall cooperate fully in amounts in excess any efforts of those24 and Landlord to maintain security in the event Complex and follow all rules and regulations promulgated by Landlord. Any security services that are voluntarily undertaken by Landlord elects may be changed or discontinued from time to time in Landlord’s sole and absolute discretion, without liability to Tenant, its employees, agents, customers and invitees. Tenant waives any claims it may have against Land lord arising out of any security services provided by Landlord, or the inadequacy or absence thereof, specifically including Landlord’s negligence with respect to the providing or failure to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional such services. Failure The failure by Landlord to any extent to furnish any furnish, or the interruption or termination of the above these defined services, in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction evict ion of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement in this Lease. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom, nor shall any other charges or compensation be claimed by or allowed to Tenant, or any persons claiming under Tenant, under any circumstances, whether for inconvenience, discomfort, interruption of business or arising from any other cause or reason.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused Landlord agrees to furnish Tenant the Premises with electricity and water utilized in operating any and all facilities serving the Premisesfollowing services;
(bi) Hot and cold water at those points of supply provided for general use of other tenants in the BuildingComplex and any pantry included within the Premises, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours (as hereinafter defined) shall be furnished only upon Tenant's written request to Landlord prior to 3:00 p.m. at least one (1) business day in advance of the date such usage is requested. As used herein, Normal Business Hours shall be 7:30 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of Normal Business Holidays (as hereinafter defined). As used herein, Normal Business Holidays shall include Sundays and all legal holidays specified in the rules and regulations for the Complex. Tenant shall bear the entire cost of additional service allocable to the Premises as such costs are determined and allocated by Landlord from time to time.
(cii) Routine maintenance, painting maintenance and electric electrical lighting service for all Exterior Common Areas and special service areas of the Building Service Areas in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance standard.
iii) Janitor service, Mondays through Fridays, exclusive of the Building as a first-class office building in the Central Normal Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingHolidays; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning
iv) Subject to the provisions of the Section captioned "Use of Electrical Services by Tenant", facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
v) All standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
vi) Landlord shall not be liable provide card key access to the Complex during periods other than Normal Business Hours, and Tenant shall cooperate with Landlord in limiting the use of card keys to persons authorized by Tenant to enter the Complex. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises, nor shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord's efforts to maintain security in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 Complex and in the event shall follow all rules and regulations promulgated by Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure with respect thereto.
(b) The failure by Landlord to any extent to furnish any or the interruption or termination of the above services, these defined services in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Notwithstanding the foregoing, in the event there shall be an interruption or cessation of the Building's elevator service, electricity service, or HVAC service in the manner required to be provided by Landlord under this Lease, which shall materially interfere with Tenant's use and enjoyment of all or substantially all of the Premises (a "Service Interruption"), and (i) if such Service Interruption shall continue for at least ten (10) consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the "Service Interruption Notice"), (ii) if such Service Interruption shall not have been caused, in whole or in part, by any act, omission or negligence of Tenant or of Tenant's agents, employees, contractors or visitors, and (iii) if such Service Interruption shall not have been caused in whole or in part by a fire or other casualty or an event of force majeure as described in Section 42(j) of this Lease (a Service Interruption that satisfies all of the
Appears in 1 contract
Samples: Assignment of Lease (Advanced Switching Communications Inc)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of as an Operating Expense for the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Building (except as specifically provided below):
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service (“HVAC”) at times other than “Normal Business Hours” for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of federally recognized holidays), shall be furnished upon receipt of a phone request by Tenant utilizing Landlord’s computer which permits Tenant to make phone requests for such HVAC. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time. Notwithstanding the foregoing, Tenant shall receive twenty (20) hours of HVAC at no charge (“Free HVAC Hours”) each month of the initial Lease Term. Any unused Free HVAC Hours shall not be carried over to the next month.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a service, five (5) day week basisdays a week, excluding Saturdays, Sundays and legal exclusive of federally recognized holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord.
(d) Subject to the provisions of Article 13, facilities to provide all electrical current required by a typical office user, as determined by Landlord, in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas of the Building.
(f) Security in the form of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord may charge a fee for card keys or other security devices. Landlord, however, shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by resulting from the actions of unauthorized persons on the Premises or in the BuildingBuilding and Landlord shall not be required to insure against any such losses. In the event Tenant desires any of the aforementioned services shall cooperate fully in amounts in excess of those24 and Landlord’s efforts to maintain security in the event Building and shall follow all regulations promulgated by Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional serviceswhich respect thereto. Failure The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby resulting therefrom.25therefrom.
Appears in 1 contract
Samples: Lease Agreement (CardioVascular BioTherapeutics, Inc.)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this LeaseLandlord agrees herein, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold Tenant: refrigerated water at those points of supply provided for general use of tenants in the Building; and air conditioning at such times as Landlord normally furnishes air conditioning to all other tenants in the BuildingBuilding and at such temperatures and in such amounts as are considered by Landlord to be standard. Air conditioning services shall be furnished Monday thru Friday from 8:00 a.m. to 6:00 p.m. and on Saturdays and legal half holidays from 8:00 a.m. to 12:00 p.m. If Tenant wishes air conditioning service to be rendered on days or hours other than those when regular air conditioning service is to be furnished, central heat it shall so request Landlord in writing no less than one (1) business day prior to the date when such service is to be rendered except that air conditioning services shall not be furnished between 6:00 P.M. and air conditioning;20
(c) Routine maintenance8:00 A.M. on Sundays or holidays. Landlord shall notify Tenant if it shall be able to furnish said service and, painting the rate which will be charged. If Tenant agrees, Landlord shall furnish the additional service and Tenant shall pay the charge quoted upon presentation of an invoice therefor. Elevator service will be available at all times. Janitor service and electric lighting service will be furnished by Landlord, at Landlord's cost to the Premises and for all Common Areas public and special service areas of the Building in the manner and to the reasonable extent deemed by the Landlord to be standard. Electricity in addition to that required for lighting shall be provided to the Premises for normal and customary office usage, which shall include only office machines and equipment operating on standard building circuits, but which in no event shall overload the electrical circuits from which Tenant obtains current. No electric current shall be used except that furnished or approved by Landlord, nor shall electric or other wires be brought in the Premises except with the written consent of Landlord. Any consumption of electric current in excess of that considered by Landlord to be standard usual, normal and consistent with customary for tenants, or which requires special circuits or equipment, shall be paid for by Tenant as additional rent in an amount to be determined by Landlord's estimated cost of such abnormal current consumption based on the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided applicable prevailing rate classification published by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional serviceselectric power company. Failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereof, stoppage of the services described above resulting from causes beyond the control of LandlordLandlord or after default by Tenant of the kind described in Paragraph 21 hereof, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work as an abatement of Rentrent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement under this Lease. Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properlyproperly for any reason, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, the same promptly but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent rent or damages on account of any interruption interruptions in service occasioned thereby or resulting therefrom.25there from unless caused by Landlord's negligence or willful misconduct. Tenant agrees not to install at any time any window air conditioning unit nor any other ventilation or air conditioning device or equipment on the Premises.
Appears in 1 contract
Samples: Office Lease Agreement (American Community Properties Trust)
Services to be Furnished by Landlord. Provided Xxxxxxxx agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding including the lunchroom), central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for “Normal Business Hours” for the Building (which are 7:30 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal business holidays), shall be furnished to Tenant through the use of a card key system which automatically accesses the after hours HVAC system. Tenant shall bear the entire cost of additional service allocable to the Premises as such costs are determined by Landlord from time to time (but such costs shall not include depreciation, management fees or a mark-up beyond the actual estimated costs of the utility service). The initial cost of HVAC outside of Normal Business Hours shall be $62.50 per hour.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Exterior Common Areas, Common Areas and special service areas of the Building Service Areas in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a five (5) day week basisJanitor service, excluding SaturdaysMondays through Fridays, Sundays and legal exclusive of normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord’s employees in the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as to not unreasonably interfere with Tenants’ use of the Premises. Janitorial specifications are attached as Exhibit “H” to the Lease.
(d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours. No such security shall be liable provided during Normal Business Hours. Landlord, however, shall have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall fully cooperate in Landlord’s efforts to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. In Landlord shall provide Tenant and Tenant’s employees, at Tenant’s request, with exclusive keycard access to the event Premises (up to 40 access cards – 4 per 1,000 square feet – shall be provided at no cost to Tenant; thereafter Tenant desires any of shall be required to pay Landlord’s cost for the aforementioned services in amounts in excess of those24 cards). Initially and until further notice by Landlord to Tenant, the Building Holidays shall be: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Landlord may close the Building at 6:00 p.m. Monday through Friday and 12:00 p.m. on Saturday and all day Sunday and Building Holidays; after which hour, admittance may be gained only under such regulations as may from time to time be reasonably prescribed by Landlord, except that Tenant shall have access to the Premises 24 hours a day, 365 days a year. Landlord may also close the Building in the event Landlord elects of an emergency or casualty but, subject to provide these additional servicesthe other provisions of this Lease, Tenant shall pay Landlord for as Additional Rent hereunder short a period of time as is reasonable under the cost of providing these additional servicescircumstances. Failure The failure by Landlord to any extent to furnish any or the interruption or termination of the above services, these defined services in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder covenant or agreement hereof. In the event services are interrupted and continues for more than five (including5) days after written notice by Xxxxxx, but Tenants rental obligation shall be abated till such time as services are restored only if Tenant does not limited to, the payment of Rent)have business interruption insurance. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom unless such damage is the result of the negligent act or omission of Landlord, its agents, contractors or employees but subject to the waiver of subrogation rights set out below if the Tenant’s damages are covered by insurance.
Appears in 1 contract
Samples: Lease Agreement (Healthequity Inc)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities Landlord shall use all reasonable efforts to furnish, subject to the Building Rules and Regulations (hereinafter defined) and Tenant's performance of its obligations hereunder, the following services:
(1) Air-conditioning and heating in season, during Normal Building Operating Hours (hereafter defined), at such temperatures and in such amounts as are considered by Landlord to be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premisesstandard;
(b2) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat lavatory and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21drinking purposes only;
(d3) Janitorial Janitor service on a in and about the Building and the Leased Premises five (5) day week basisdays per week, excluding Saturdaysand periodic window washing; however, Sundays and legal holidaysTenant shall pay, as additional Rent upon presentation of a statement therefor by Landlord, the additional costs attributable to the cleaning of improvements within the Leased Premises other than Building Standard (hereinafter defined) improvements;
(e4) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by Elevators for access to and egress from the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the TenantLeased Premises;
(f5) Initial lampsElectricity and proper facilities to furnish sufficient electrical power during Normal Building Operating Hours for normal office machines and other machines of low electrical consumption, bulbsbut not including electricity or air conditioning required for electronic data processing equipment, starters and ballasts used within the Premisesspecial lighting in excess of Building Standard, or any other item of electrical equipment which singly consumes more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than 120 volts single phase; and
(g6) Security for Replacement of fluorescent lamps in Building Standard light fixtures installed by Landlord and incandescent bulb or fluorescent lamp replacement in public toilet and restroom areas and stairwells.
(b) Equipment and personnel to limit access to the BuildingBuilding after normal business hours; provided, however, Landlord shall have no responsibility to prevent, and shall not be liable to Tenant for, and shall be indemnified by Tenant against, liability or any employeeloss to Tenant, inviteeits agents, licensee or sublessee employees and visitors arising out of Tenant for losses due to theft or theft, burglary, or damage or injury to persons or property caused by persons gaining access to the Building or the Leased Premises, and Tenant hereby releases Landlord from all liability relating thereto. Landlord shall furnish one (1) cardkey for damages done by unauthorized persons in the Building. In the event Tenant desires any each six hundred fifty (650) square feet of Rentable Area of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these Leased Premises, any additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure cardkeys will be furnished at a charge by Landlord to on an order signed by Tenant or Tenant's authorized representative. All such cardkeys shall remain the property of Landlord. No additional locks shall be allowed on any extent to furnish any door of the above services, or any cessation thereof, resulting from causes beyond the control of Leased Premises without Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25's
Appears in 1 contract
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority to accommodate building standard occupant lighting and electrical loads; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished on a floor-by-floor basis only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one (1) Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as set forth in the Basic Lease Information and subject to change from time-to-time. All additional heating ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant. Utilities for any additional HVAC use including electrical power, and hot or chilled water shall be separately metered and the cost of the meters, maintenance thereof, and the cost of the utilities shall be at Tenant’s expense.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service Basic janitor services on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, Landlord shall not be liable to Tenant if Tenant’s floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesother improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord.
(d) Subject to the provisions of Paragraph 11 hereof, facilities to provide electrical current required by Tenant in its use and occupancy of the Premises.
(e) Fluorescent and incandescent bulb and ballast replacement in the Premises, Common Areas and Service Areas.
(f) Elevators for ingress and egress to and from the floor of the Premises during Normal Business Hours and with at least one elevator available at all other times.
(g) Personnel specified by Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year. Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully In Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICACY OF ANY ACCESS PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT AND THAT TENANT IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY ACCESS PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT, CONTROL, OR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for service from any company or companies providing electricity service (“Service Provider”). Tenant shall cooperate with Landlord and the Service Provider at all times and, as Additional Rent hereunder reasonably necessary, shall allow Landlord and Service Provider reasonable access to the cost Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of providing these any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Service Provider is no longer available or suitable for Tenant’s requirements, no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. Landlord may, but is not obligated to, provide additional services hereunder; provided, however, that if Landlord does provide such extra services, Tenant agrees to pay a ten percent (10%) administration fee for the provisions of such services. Failure Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, force majeure or any other causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlybut, but except as otherwise expressly provided herein, Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reductionoffset, abatement or rebate of Rent rent or damages or termination of this Lease on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom. Except as expressly provided herein, Landlord shall not be required to make any repairs to or maintain the Premises.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities Landlord shall be caused to furnish Tenant during Tenant's occupancy of the Leased Premises with electricity and water utilized in operating any and all facilities serving the Premises;following Building standard services (the "Building -------- Standard Services") so long as an Event of Default has not occurred: -----------------
(bi) Hot Subject to Legal Requirements, common use rest rooms with hot and cold domestic water at those points of supply locations provided for general use of other tenants in the Building, central .
(ii) Central heat and air conditioning;20
conditioning in season, subject to curtailment as required by Legal Requirements. Landlord shall furnish such service to Tenant between the hours (cthe "Building Operating ------------------ Hours") Routine maintenanceof 8:00 A.M. and 6:00 P.M., painting Monday through Friday, and electric lighting service for all Common Areas 8:00 ----- A.M. and special service areas of 1:00 P.M., Saturday, excluding Holidays (defined below), with equipment designed to perform so that the Building average indoor conditions maintained in the manner Leased Premises during Building Operating Hours shall be a minimum of 72 F dry bulb +/-2 in the winter when the outdoor temperature is not lower than 22 F dry bulb and to a maximum of 78 F dry bulb +/-2 in the extent deemed summer when the outdoor temperature is not higher than 92 F dry bulb, assuming sustained peak loading conditions of one (1) person per 311 square feet of Usable Area and a combined light and power demand load of three (3) xxxxx per square foot of Usable Area. As used herein, "Holidays" shall mean the following days (or the day observed in lieu thereof by Landlord to be standard national banks): New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and consistent Christmas Day. Upon request of Tenant made in accordance with the operation and maintenance of the Building as a first-class office building Project Rules (defined in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, howeverSection 5.7), Landlord shall not be liable to Tenant or any employeewill furnish air conditioning, inviteeventilating and heating at times other than Building Operating Hours, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the which event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure then current charges incurred by Landlord to any extent to furnish any provide such services. As of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited toEffective Date, the payment of Rentafter hour HVAC charge is $35.00 per hour per floor (subject to a two (2) hour minimum). Should any of the equipment or machinery utilized ; however such charge is subject to increase by Landlord based upon actual increases in supplying the services listed herein for any cause cease to function properly, costs that Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25may incur.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of as an Operating Expense for the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Building (except as specifically provided below):
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than "Normal Business Hours" for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal holidays), shall be furnished upon receipt of a phone request by Tenant utilizing Landlord's computer which permits Tenants to make phone requests for such heating and air conditioning services, Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time. Currently, Landlord is charging Forty-five and 00/100 Dollars ($45.00) per hour for each hour of other than "Normal Business Hours" heating and air conditioning service. Notwithstanding anything to the contrary contained herein, Tenant shall be permitted, at its sole cost and expense, to install a supplemental HVAC unit ("Supplemental HVAC Unit") to service the computer rooms within the Promises, which shall only service an area not to exceed Two Hundred Fifty (250) square feet of Usable Area and shall operate twenty-four (24) hours a day, seven (7) days per week and fifty-two (52) weeks per year. The Supplemental HVAC Unit shall not interfere with the operation of any systems or equipment for the Building. Tenant shall be solely responsible for repair, maintenance and operation of the Supplemental HVAC Unit and the compressor located on the roof of the Building. Tenant shall pay the Landlord, as Additional Rent, all additional costs for electrical power usage caused by Tenant's use of Supplemental HVAC Unit. Upon the expiration or earlier termination of the Lease, Tenant shall remove the Supplemental HVAC Unit and repair any damage caused by such removal. Landlord shall not be responsible for, and Tenant waives any claim it may assert against Landlord, for any failure of the Supplemental HVAC Unit.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a service, five (5) day week basisdays a week, excluding Saturdays, Sundays and legal exclusive of normal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord.
(d) Subject to the provisions of Article 13, facilities to provide all electrical current required by a typical office user, as determined by Landlord, in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas of the Building.
(f) Security in the form of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord may charge a fee for card keys or other security devices. Landlord, however, shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by resulting from the actions of unauthorized persons on the Premises or in the BuildingBuilding and Landlord shall not be required to insure against any such losses. In the event Tenant desires any of the aforementioned services shall cooperate fully in amounts in excess of those24 and Landlord's efforts to maintain security in the event Building and shall follow all regulations promulgated by Landlord elects which respect thereto.
(g) Access to provide these additional servicesthe Premises, Tenant the Building, and the parking facilities twenty-four (24) hours a day, seven (7) days per week and fifty-two (52) weeks per year; provided, however, such access shall pay Landlord as Additional Rent hereunder be limited by the cost of providing these additional servicesBuilding access system, parking facilities access system, and temporary closures that may be necessary to maintain the Building and/or parking facilities. Failure The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby resulting therefrom.25therefrom. Notwithstanding the foregoing, in the event there is an interruption of essential building services to the Building such that the Premises are unfit for the conduct of Tenant's business for a period in excess of three (3) consecutive days, then Tenant's Rent shall be abated until such time as essential building services are restored to the extent that the Premises are fit for the conduct of Tenant's business.
Appears in 1 contract
Samples: Lease Agreement (Integrated Information Systems Inc)
Services to be Furnished by Landlord. Provided 6.1 Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.(defined services):
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central .
(b) Central heat and air conditioning;20conditioning at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for “Normal Business Hours” for the Building (as established by the Building Rules) shall be furnished only upon the written request of Tenant delivered to Landlord in accordance with the Building Rules. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time. The current charge for after hours air conditioning is $25.00 per hour.
(c) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(d) Janitorial service on service, Monday through Friday, exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay all additional cleaning cost attributable thereto as additional rent upon presentation of a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;statement therefore by Landlord.
(e) 22 If any Subject to the provisions of Paragraph 11, facilities to provide all electrical equipment installed23 requires air conditioning capacity above that provided current required by the building standard system, then the additional air conditioning installation Tenant in its use and corresponding operating costs will be the separate obligation occupancy of the Tenant;Premises.
(f) Initial lamps, bulbs, starters All building Standard fluorescent bulb replacement in the Premises and ballasts used within fluorescent and incandescent bulb replacement in the Premises; andCommon Areas and Service Areas.
(g) Security for in the Building; providedform of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord, however, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons person s on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to maintain security in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 Building and in the event shall follow all regulations promulgated by Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure with respect thereto.
6.2 The failure by Landlord to any extent to furnish any furnish, or the interruption or termination of the above services, defined services in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction (constructive or otherwise) of Tenant, nor result in an work and abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). this Lease.
6.3 Should any of the equipment or machinery utilized used in supplying the provision of defined services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom notwithstanding Tenant’s rights under Section 23.4.
6.4 Except as otherwise expressly provided herein Landlord shall not be required to make any repairs to the Premises other than structural remails to the Premises.
Appears in 1 contract
Samples: Lease Agreement (Amcomp Inc /Fl)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide with the following services during standard hours of operation of services: (1) Water service for use in the Building. These standard hours of operation lavatories on each floor on which the Premises are 7 a.m. to 7 p.m., Monday through Friday, located and 8 a.m. to 1 p.m., on Saturdays.
for use in any kitchenette area approved by Landlord (a) Public utilities but Tenant shall be caused responsible for providing hot water service to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
such kitchenette area); (b2) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat Heat and air conditioning;20
conditioning (cHVAC) Routine maintenancein season during Normal Business Hours, painting at such temperatures and electric lighting service in such amounts as are standard for all Common Areas comparable Class A buildings in downtown Boston or at such higher standards as required by governmental authority; (3) Maintenance and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance repair of the Building as a first-class office building described in the Central Business District Section 9.B.; (CBD4) of 21;
(d) Janitorial Janitor service on a five Business Days in accordance with the cleaning specifications attached hereto as Exhibit E, or such other reasonably comparable specifications designated by Landlord from time to time. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article 10; (7) access to the Building and the Premises (by elevator) for Tenant and its employees 24 hours per day, 7 days per week every day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
year; subject to the terms of the Lease; (f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) 8) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee including the stationing of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons security guards in the BuildingBuilding lobby 24 hours per day, 7 days a week; and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Building and that are typical with first class office buildings. In Tenant, upon such advance notice as is reasonably required by Landlord (which in no event shall be greater than 24 hour advance notice), shall have the event Tenant desires right to receive HVAC service during hours other than Normal Business Hours. Landlord represents that the current charge for after-hours HVAC is $75.00 per hour per floor. Landlord agrees that any increases in such after-hours HVAC service charge shall be limited to increases in Landlord’s actual, reasonable costs of supplying the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional after-hours HVAC services, . Tenant shall pay Landlord the standard charge for the additional service as Additional Rent hereunder the cost of providing these additional services. Failure reasonably determined by Landlord from time to any extent time.
B. Landlord’s failure to furnish any of the above servicesfurnish, or any cessation thereofinterruption or termination of, resulting from causes services due to governmental action, the failure of any equipment, or the occurrence of any event or cause beyond the reasonable control of Landlord, Landlord (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person or propertyTenant, nor shall that event be construed as an constitute a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement and Landlord shall use commercially reasonable efforts to correct such Service Failure. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of 4 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 5th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s obligations hereunder Property (includingdefined in Article 15), but not limited to, arising out of or in connection with the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account failure of any interruption in service occasioned thereby resulting therefrom.25security services, personnel or equipment.
Appears in 1 contract
Samples: Office Lease Agreement (Centrexion Therapeutics Corp)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant the following services:
(1) Water for use in the lavatories on the floor(s) on which the Premises is not located. If Tenant desires water in default under the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the provisions of this LeasePremises, Tenant, at its sole cost and expense and subject to reimbursement pursuant to Section 4.02 abovethe prior reasonable consent of Landlord, Landlord may install a hot water heater in the Premises. Tenant shall provide be solely responsible for the following services during standard hours maintenance and repair of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdaysany such water heater.
(a2) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central Central heat and air conditioning;20conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant's design shall be installed at Tenant's expense subject to Landlord's prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of Tenant and paid to Landlord as Additional Rent.
(c3) Routine maintenance, painting Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and consistent location.
(4) Electricity to the Premises in accordance with and subject to the operation terms and maintenance conditions of Section 11 of this Lease.
B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the Building as a first-class office above utilities or building services in frequency, scope, quality or quantities substantially greater than the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided standards set by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security Landlord for the Building; provided, however, then Landlord shall not be liable use reasonable efforts to attempt to furnish Tenant with such additional utilities or any employee, invitee, licensee building services. Landlord may impose a reasonable charge for such additional utilities or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25machinery.
Appears in 1 contract
Samples: Office/Flex Building Lease (MRS Fields Financing Co Inc)
Services to be Furnished by Landlord. Provided A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of typically afforded to tenants in similar first class office buildings located in the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on SaturdaysIndianapolis metropolitan area.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) 1. Hot and cold water at those points of supply provided for general use of other tenants in the Buildinglavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, central including a private lavatory or kitchen, cold water shall be supplied as part of Basic Costs (except as otherwise provided) from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central heat and air conditioning;20conditioning in season twenty-four (24) hours a day, 365/6 days per year, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location in the Indianapolis metropolitan area, or as required by governmental authority.
(c) Routine maintenance, painting 3. Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and consistent location in the Indianapolis metropolitan area.
4. Janitor service on Business Days in accordance with the operation and maintenance of the Building cleaning specifications attached hereto as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basisExhibit "F", excluding Saturdaysor such other comparable specifications designated, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided from time to time, by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; Landlord provided, however, Landlord shall not be liable to Tenant if Tenant's use, floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional other improvements require special services, Tenant shall pay Landlord the additional cost reasonably attributable thereto as Additional Rent hereunder Base Rental.
5. Passenger elevator service in common with other tenants of the cost Building, provided that, subject to Force Majeure, at least one (1) passenger elevator servicing the Premises shall be available for the use of providing these additional servicesTenant, twenty-four (24) hours a day, 365/6 days per year.
6. Failure Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease.
7. Lighting in the parking areas of the Property.
B. The failure by Landlord to any extent to furnish any of the above servicesfurnish, or the interruption or termination of, any cessation thereofservices in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if:
(i) Landlord ceases to furnish any service in the Building for a period in excess of thirty (30) consecutive days after Tenant notifies Landlord of such cessation (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant’s obligations hereunder , (includingiii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), but not limited to(iv) the restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the payment Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of Rent)its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rental and Additional Base Rental payable hereunder during the period beginning on the thirty-first (31st) consecutive day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlyas soon as reasonably possible.
C. Tenant expressly acknowledges that if Landlord, but Tenant shall have no right from time to terminate this 20 See Exhibit F Addendumtime, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities elects to provide sufficient power security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account failure of any interruption in service occasioned thereby resulting therefrom.25such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.
Appears in 1 contract
Samples: Office Lease (First Capital Insured Real Estate Limited Partnership)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish tenant the following services, if Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.default:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold Domestic water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20air-conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided however, heating and air-conditioning service at times other than for Normal Business Hours (as defined in the Rules and Regulations attached to this Lease as Exhibit "B," incorporated herein) for the Project, shall be furnished only upon the written request of Tenant delivered to Landlord prior to 2:00 p.m. of the prior business day such usage is requested. (For purposes of any such request, the term "business day" shall mean Monday through Friday other than State or Federal holidays. A request for heating or air-conditioning service on a Sunday or at times other than Normal Business Hours on a Saturday must be delivered not later than 2:00 p.m. on the preceding business day, as defined above.) Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building Project in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a as contracted by Landlord, five (5) day week basisdays per week, excluding Saturdays, Sundays and legal exclusive of normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Rent upon presentation of a statement therefor by Landlord.
(d) Subject to the provisions of paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Grade fluorescent bulb replacement in the Premises necessary to maintain the lighting provided as a part of the Building Standard Improvements and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Limited access to the Project during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord may require those tenants requesting access to the Project during other than Normal Business Hours to pay a fee for such access partially to reimburse Landlord for the cost of the system which limits after-hours access. Landlord, however, shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord's efforts to maintain security in the BuildingProject and shall follow all regulations promulgated by Landlord with respect thereto. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure The failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereof, resulting from causes beyond the control interruption or termination of Landlordthese defined services in whole or in part, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should If any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, Landlord covenants and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.agrees with Tenant:
(a) Public utilities shall be caused to To furnish the Premises with electricity electricity, gas and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply , except as otherwise provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine herein; routine maintenance, painting and electric ; painting; electric-lighting service for all Common Areas public areas and special service areas of the Building in the manner and to the extent deemed by Landlord considered to be standard for similar commercial office space.
(b) To furnish Tenant, while occupying the Premises:
(i) Water at those points of supply provided for general use of tenants in the Building; Central Heat and consistent with the operation Air Conditioning in season, and maintenance of at such times Landlord normally furnishes these services to other Tenants in the Building (see Exhibit "B"), and at such temperatures and in such amounts as a first-class are considered to be standard for similar commercial office building space and subject to Government regulations, laws, edicts, etc. Landlord will furnish janitorial service as set forth in the Central Business District (CBD) of 21;Exhibit "C".
(dii) Janitorial service on a five (5) day week basisProper electrical facilities and electricity for normal lighting and typewriter, excluding Saturdaysvoice writers, Sundays recording equipment, calculating machines and legal holidays;
(e) 22 If any other machines of similar low electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Buildingconsumption; provided, however, that Tenant shall bear the utility costs occasioned by lighting in excess of standard use amounts of other similar office buildings, and electrodata processing machines, computers, duplicating equipment, and similar machines of high electrical consumption, including air conditioning and wiring costs attributable thereto.
(c) To furnish Tenant, free of charge, with two (2) keys for each corridor door entering the Premises, and additional keys will be furnished at a reasonable charge by Landlord on an order signed by Tenant or Tenant's authorized representative. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any door of the Premises and Tenant shall not make, nor permit to be made, any duplicate keys, except those furnished by Landlord. Upon termination of this Lease, Tenant shall surrender to Landlord all keys of the Premises, and give to Landlord the explanation of the combinations of all locks for safes, safe cabinets, and vault doors, if any, in the Premises.
(d) Landlord shall use its best efforts to maintain customary Building security and to control access to the Building, but Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises unless due to Landlord's willful act. Tenant shall be allowed to install a security system in the BuildingPremises at Tenant's expense, subject to Landlord's prior written consent.
(e) Landlord will provide operator-less automatic passenger elevator service in common with Landlord and other tenants daily during standard Building operating hours. In the event Tenant desires Landlord does not warrant that any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, defined service will be free from interruptions resulting from repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, accidents, inability to obtain fuel, steam, water or supplies or other causes beyond the reasonable control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein break down, or for any cause reason cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery same promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent rent or damages on account of any interruption interruptions in service occasioned thereby or resulting therefrom.25therefrom. Failure by Landlord to any extent to furnish these defined services, or any cessation thereof, shall not render Landlord liable in any expect for damages to either person or property, nor work abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Notwithstanding the foregoing, should utility service to the Premises be interrupted for more than five (5) consecutive business days (the "Service Interruption Period"), for any reason within Landlord's control, Tenant's Rent shall be abated for any period beyond the Service Interruption Period until all utility services to the Premises are completely restored. Should utility services to the Premises be interrupted for more than fifteen (15) consecutive business days, for any reason within Landlord's control, then this Lease will become terminable by Tenant for fifteen (15) days thereafter effective immediately upon Tenant's written notice to Landlord of its election to terminate. Tenant shall, within thirty (30) days from the termination of the Lease, pay remaining Rent due under the Lease, if any, through the end of the Service Interruption Period.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish ------------------------------------ Tenant while occupying the Premises the following services during standard hours on all days except as otherwise stated:
(a) Water, including cold water from mains for humidification, break rooms, drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord, or by Tenant with Landlord's written consent, and not water for lavatory and break room purposes from the regular Building supply at the prevailing temperature. Tenant shall pay Landlord at rates fixed by Landlord, which such rates shall be reasonable, and shall not exceed the rates charged by a similar class of operation office buildings in Little Rock for water furnished for any other purposes. Tenant shall not waste or permit the waste of water. If Tenant fails to promptly pay Landlord's proper charge for water, Landlord, upon not less than ten days' notice, may discontinue furnishing that service and no such discontinuance shall be deemed an eviction or disturbance of Tenant's use of the Building. These standard hours of operation are 7 Premises or render Landlord liable for damages or relieve Tenant from any obligation.
(b) Heating and air condition (cooling), when necessary in Landlord's judgment for normal comfort (75 (degrees), 65 (degrees) F) in the Premises from 7:00 a.m. to 7 6:00 p.m., Monday through Friday, Friday and 8 on Saturdays which are not holidays from 8:00 a.m. to 1 p.m.1:00 p.m. Landlord shall furnish Tenant with heating and air conditioning (cooling) when necessary for normal comfort in the Premises at times other than set forth in the immediately preceding sentence pursuant to the terms and conditions of the Building rules and regulations. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system. Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost of installation, on Saturdays.
(a) Public utilities operation and maintenance thereof shall be caused paid by Tenant to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water Landlord at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20reasonable rates.
(c) Routine maintenanceElectrical current for standard Building lighting fixtures provided by Landlord and electrical outlets fro office equipment for ordinary purposes connected with the aforesaid use of the Premises. It is understood that services furnished under Section 2.2(b) and 2.2(c) are Building standards, painting and electric all other electrical consumption by Tenant in the Premises including consumption for lighting fixtures, office equipment, air conditioning or heating beyond normal Building standards or Building hours shall be paid for by Tenant to Landlord at a rate fixed by Landlord which shall be at least equal to the rate charged to Landlord by the utility company providing the electricity.
(d) Nightly housekeeping and janitor service Monday through Friday in and about the Premises. Tenant shall not provide any janitor services without Landlord's prior written consent, and then, only subject to the supervision of Landlord and at Tenant's sole expense and responsibility and by a janitor contractor or employee at all times satisfactory to Landlord.
(e) Electrical lighting services and heating and air conditioning for all Common Areas public areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard standard.
(f) Passenger and consistent freight elevator service in common with Landlord and other tenants, from 7:00 a.m. to 6:00 p.m., Monday through Friday, and Saturday from 8:00 a.m. to 1:00 p.m. Such normal elevator service, passenger or freight, if furnished t other times, shall be deemed optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide adequate passenger and freight elevator service daily at all times when normal passenger and freight service is not furnished. Automatic elevator service shall be deemed "elevator service" within the operation meaning of this paragraph. Landlord does not warrant that any service will be free form interruptions caused by repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, civil commotion, riot, accidents, inability to obtain electrical power, fuel, steam, water, supplies or labor or other cause beyond the reasonable control of Landlord. No such interruption of service shall be deemed an eviction or disturbance of Tenant's use and maintenance possession of the Building as Premises or any part thereof, or render Landlord liable to Tenant for damages, by abatement of rent or otherwise, or relive Tenant from performance of Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages for interruption or stoppage of service. In the event that by agreement with Tenant, Landlord furnishes extra or additional services to be paid for by Tenant, a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a failure to pay for such services within five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable days after notice to Tenant shall authorize Landlord. In Landlord's discretion and without further notice, to immediately discontinue such services and terminate any agreement for such services. Any additional service charges paid by Tenant to Landlord for extra or any employee, invitee, licensee or sublessee of Tenant for losses due additional services pursuant to theft or burglary, or for damages done by unauthorized persons this Section 2.2 shall be subject to adjustment in the Building. In same manner as the event Tenant desires any of the aforementioned services rental as provided for in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.251.4 hereof.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in The Building on the Building, floor(s) on which The Premises are located and central heat heal and air conditioning;20conditioning in the Premises in season, al such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however. heating and air conditioning service at times other than for “Normal Business Hours” for the Building (which are 7:30 a.m. 10 6:00 pm. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal business holidays), shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at lease three (3) days in advance of The date such usage is requested. Tenant shall bear the entire cost of such additional service allocable to The Premises as such costs are determined by Landlord from lime to time and shall pay such costs to Landlord upon demand.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Exterior Common Areas, Building Common Areas, Single Floor Common Areas on the floor on which the Premises arc located, and special service areas of the Building Service Areas in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building standard.
(c) Janitor service in the Central Business District (CBD) Premises, Monday through Friday, exclusive of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord’s employees In the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by landlord during Normal Business Hours shall be performed in such a manner as to not be liable interfere unreasonably with Tenants use of the Premises.
(d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Building Common Areas. Single Floor Common Areas on the floor on which the Premises are located, and Services Areas.
(f) Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a fee for access to partially reimburse Landlord for the cost of the system which limits after-hours access. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons in on the BuildingPremises and Landlord shall not be required to insure against any such losses. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure The failure by Landlord to any extent to furnish any these services or the interruption or termination of the above services, these defined services in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not neither render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom.
Appears in 1 contract
Samples: Sublease Agreement (Englobal Corp)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of services:
(1) Water for use in the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, lavatories on the floor(s) on which the Premises is located and 8 a.m. to 1 p.m., on Saturdaysin the break room and shower in the Premises.
(a2) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central Central heat and air conditioning;20conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are commercially reasonable for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the cost of additional service determined to be $45.00 per hour as Additional Rent upon presentation of a statement therefore by Landlord. At Landlord’s option, If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space, or after Normal Business Hours, Landlord may cause a water meter (or submeter) or electric current meter (or submeter) to be installed in the Premises, so as to measure the amount of water and electric current consumed by Tenant whether during Normal Business Hours or after hours. The cost of such meters and of installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the City in which the Building is located or the local public utility, as the case may be, furnished the same. In the event Landlord installs such meters, then an appropriate adjustment to the Base Rent shall be made since Tenant will be paying for its utilities separately. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense (and may be included as part of the Tenant improvement expense referenced in Section 5) subject to Landlord’s prior written approval.
(c3) Routine maintenance, painting Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;location.
(d4) Janitorial and cleaning service in and about the Premises on Business Days. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a five janitor, cleaning contractor or employees at all times reasonably satisfactory to Landlord.
(5) day week basisElectricity to the Premises for general office use, excluding Saturdays, Sundays in accordance with and legal holidays;subject to the terms and conditions of Section 11 of this Lease.
(e6) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by Fluorescent bulb replacement in the Premises necessary to maintain building standard systemthe lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Premises, then Common Areas and Service Areas.
(7) Passenger elevator service in common with Landlord and other persons and freight elevator service in common with the additional air conditioning installation Landlord and corresponding operating costs other persons.
(8) Provided Tenant and its employees will be allowed access to the separate obligation Premises at all times, day or night, access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord reasonably deems appropriate. Tenant shall cooperate fully in Landlord's reasonable efforts to maintain access control to the Building and shall follow all reasonable regulations promulgated by Landlord with respect thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment.
B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the Tenant;
(f) Initial lampsabove utilities or building services in frequency, bulbsscope, starters and ballasts used within quality or quantities substantially greater than the Premises; and
(g) Security standards set by Landlord for the Building; provided, however, then Landlord shall not be liable use reasonable efforts to attempt to furnish Tenant with such additional utilities or any employee, invitee, licensee building services. Landlord may impose a reasonable charge for such additional utilities or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, unless such failure is caused by the negligent or intentional acts or omissions of Tenant’s obligations hereunder Landlord and continues without commencement of a cure for more than forty-eight (including48) hours at any time, but not limited to, the payment or for more than a cumulative total of Rent)ninety-six (96) hours in any calendar year. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25machinery.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities Landlord shall be caused to furnish Tenant during Tenant’s occupancy of the Leased Premises with electricity and water utilized in operating any and all facilities serving the Premises;following Building standard services (the “Building Standard Services”) so long as an Event of Default has not occurred:
(bi) Hot Subject to Legal Requirements, common use rest rooms with hot and cold domestic water at those points of supply locations provided for general use of other tenants in the Building, central .
(ii) Central heat and air conditioning;20conditioning in season, subject to curtailment as required by Legal Requirements. Landlord shall furnish such service to Tenant between the hours (the “Building Operating Hours”) of 7:00 A.M. and 6:00 P.M., Monday through Friday, and 8:00 A.M. and 12:00 P.M., Saturday (upon written request by Tenant delivered to Landlord at least twenty-four (24) hours in advance), excluding the following holidays (or the day observed in lieu thereof by the government of the United States): New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other holidays as may be designated by Landlord (collectively, the “Holidays”). Upon request of Tenant made in accordance with the Project Rules (defined in Section 5.7), Land lord will furnish air conditioning, ventilating and heating at times other than Building Operating Hours, in which event Tenant shall pay Landlord the then current charges incurred by Landlord to provide such services. As of the Effective Date, the after hour HVAC charge is $45.00 per hour per floor; however such charge is subject to increase by Landlord based upon actual increases in costs that Land lord may incur.
(ciii) Routine maintenance, painting maintenance and electric lighting service for all Common Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;Building.
(div) Janitorial service on a five (5) day per week basis, basis (excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingHolidays); provided, however, if Tenant requests any such special or additional cleaning in excess of Building Standard Services, Tenant shall pay the actual additional cleaning cost, if any, incurred by Landlord as the result thereof plus a charge equal to fifteen percent (15%) of such additional costs for administrative cost recovery. The Building Standard Janitorial Services to be provided to Tenant are set forth on Exhibit F attached hereto and made a part hereof.
(v) Sufficient electrical capacity transformed to a panel box located in the core of each floor of the Leased Premises for (A) machines of low electrical consumption at standard voltage ( 120 volts, single-phase) to the extent that the total demand load at 100% capacity of said machines of low electrical consumption does not exceed two (2) xxxxx per square foot of Usable Area, and (B) lighting and equipment at high voltage (277 volts, single-phase) to the extent that the total demand load at 100% capacity of said lighting and equipment does not exceed the lower of two (2) xxxxx per square foot of Usable Area or the electrical consumption permitted by Legal Requirements (each such rated electrical design load to be hereinafter referred to as the “Building Standard Rated Electrical Design Load”). Should Tenant’s non-linear electrical load (created by equipment such as personal computers, television sets, laser printers, copiers or other electronic devices connected to the power system) result in harmonic distortion conditions which cause any adverse effects in the Project, including but not limited to, deration of any transformer, distribution stepdown transformer failures, overheating or melting of neutral conductors, or malfunctioning of various electronic components, Tenant acknowledges that Tenant, at Tenant’s sole cost, shall be obligated to eliminate such harmonic distortion conditions and to repair any damage which results from such harmonic distortion within thirty (30) days of Landlord’s request. If Tenant fails to eliminate such harmonic distortion and repair such damage caused thereby within such thirty (30) day period, Landlord, at its option, may make such corrections deemed necessary by Landlord to eliminate such harmonic distortion and make such repairs, and Tenant shall pay to Landlord on demand Land lord’s cost thereof plus a charge equal to fifteen percent (15%) of such costs for administrative cost recovery. If Tenant’s electrical equipment and lighting require electrical circuits, transformers or other additional equipment in excess of Tenant’s pro rata share of the Building’s electrical or HVAC systems (which additional equipment shall be hereinafter referred to as the “Additional Electrical Equipment”), Tenant may (at Tenant’s cost, including the cost to design, install, maintain and replace the Additional Electrical Equipment [including the meters]) install the same, provided such installation is compatible with existing Building systems, will not be liable compromise Landlord’s ability to provide services to Tenant or any employeeother tenants of the Building and will not be burdensome to the Project or to Landlord, inviteein Landlord’s opinion, licensee and Tenant shall pay all operating costs related to that requirement (including, without limitation, the cost of electricity, water or sublessee of Tenant for losses due to theft or burglaryother services consumed through, or in connection with, the Additional Electrical Equipment). The method of design and installation of any Additional Electrical Equipment (including any related meter) required by Tenant shall be subject to the prior written approval of Landlord and shall be performed by Landlord at Tenant’s sole cost (including a charge equal to fifteen percent (15%) of such cost for damages done the review and installation of such Additional Electrical Equipment for administrative cost recovery). Tenant shall pay to Landlord the cost of electricity consumed in excess of the Building Standard Rated Electrical Design Load as determined by unauthorized persons meter, or if not metered, as otherwise reasonably estimated by Landlord, plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Landlord may cause the entire Leased Premises to be separately metered (at Tenant’s expense, including, without limitation, the cost of installing, maintaining, repairing and replacing such meters to the extent necessary), in which event Tenant shall pay the actual cost of electricity consumed by Tenant.
(vi) All Building Standard (defined in Exhibit C-1) fluorescent bulb replacement in all public areas of the Project and all incandescent bulb replacement in the BuildingCommon Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and Service Areas.
(vii) Perimeter access control for the Project during hours other than Building Operating Hours; PROVIDED, HOWEVER, LANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, AND SHALL NOT BE LIABLE TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES DUE TO THEFT OR BURGLARY, OR FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY DONE BY PERSONS GAINING ACCESS TO THE LEASED PREMISES OR THE PROJECT, AND TENANT HEREBY RELEASES LANDLORD FROM ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY LANDLORD’S NEGLIGENCE. Tenant shall cooperate fully in Landlord’s efforts to maintain access control in the Building and shall follow all regulations promulgated by Landlord with respect thereto.
(viii) Non-exclusive multiple cab passenger elevator service to the Leased Premises during Building Operating Hours on weekdays, with passenger elevator service to the Leased Premises by at least one (1) cab twenty-four (24) hours per day, and non-exclusive freight elevator service to the Leased Premises during Building Operating Hours on weekdays with such freight elevator service available at other times upon reasonable prior notice (however, all of the foregoing shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems); provided that such elevator access shall be subject to Landlord’s access control measures. In the event Tenant desires Landlord to provide any of the aforementioned services (including heating and air-conditioning) in amounts in excess of those24 Building Standard Services or in addition to the Building Operating Hours, and in the event Landlord elects provided such services are compatible with existing Building systems, will not compromise Landlord’s ability to provide these services to Tenant or other tenants of the Building and are not burdensome to the Project or to Landlord, in Landlord’s opinion, and so long as an Event of Default is not in existence, Landlord may elect (but is not required) to provide such excess or additional services, services and Tenant shall pay Landlord as Additional Rent additional rent hereunder the cost of providing these such excess or additional services, including without limitation, design, metering, installation and operating costs plus a charge equal to fifteen percent (15%) of such costs for administrative cost recovery.
(b) To the extent the services described in Section 4.l(a) require electricity, water, gas, steam or other utility services supplied by public utilities, Landlord’s covenants hereunder shall impose on Landlord only the obligation to use its good faith1 reasonable efforts to cause the applicable public utilities to furnish the same. Landlord shall not be responsible for, and shall have no liability with respect to, the quality or condition of any services provided by such public utilities.
(c) Failure by Landlord to any extent to furnish any of the above servicesaforementioned services to Tenant, the Leased Premises or the Project, or any cessation (including any partial curtailment) thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person person, property or propertyotherwise, nor shall that event to be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized in supplying the services listed herein break down, or for any cause cease to function properly, such failure shall not work as an abatement of Rent, nor be construed as an eviction of Tenant, nor relieve Tenant from fulfilling any covenant or agreement contained herein, nor render Landlord liable for damages; however, Landlord shall use reasonable diligence to repair that equipment or machinery same promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities Landlord shall be caused to furnish Tenant during Tenant's occupancy of the Leased Premises with electricity and water utilized in operating any and all facilities serving the Premises;following Building standard services (the "Building -------- Standard Services") so long as an Event of Default has not occurred: -----------------
(bi) Hot Subject to Legal Requirements, common use rest rooms with hot and cold domestic water at those points of supply locations provided for general use of other tenants in the Building, central .
(ii) Central heat and air conditioning;20conditioning in season, subject to curtailment as required by Legal Requirements. Landlord shall furnish such service to Tenant between the hours (the "Building -------- Operating Hours") of 7:00 A.M. and 6:00 P.M., Monday through Friday, --------------- and 8:00 A.M. and 1:00 P.M., Saturday, excluding the following holidays (or the day observed in lieu thereof by national banks): New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day (collectively, the "Holidays"). -------- Upon request of Tenant made in accordance with the Project Rules (defined in Section 5.7), Landlord will furnish air conditioning, ventilating and heating at times other than Building Operating Hours, in which event Tenant shall pay Landlord the then current charges incurred by Landlord to provide such services. As of the Effective Date, the after hour HVAC charge is $35.00 per hour per floor: however such charge is subject to increase by Landlord based upon actual increases in costs that Landlord may incur.
(ciii) Routine maintenance, painting maintenance and electric lighting service for all Common Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;Building.
(div) Janitorial service on a five (5) day per week basis, basis (excluding Saturdays, Sundays and legal holidays;
the Holidays) in accordance with the janitorial specifications attached hereto as Exhibit E (e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building"Janitorial Specifications"); provided, --------- ------------------------- however, if Tenant's leasehold improvements (including floor coverings) are other than Building Standard Improvements, include a lunchroom, coffee bar or other similar facility for its employees or otherwise require special or additional cleaning in excess of the Building Standard Services, Tenant shall pay the actual additional cleaning cost, if any, incurred by Landlord as the result thereof plus a charge equal to ten percent (10%) of such additional costs for administrative cost recovery. Landlord specifically reserves the right to modify the Janitorial Specifications as in its judgment shall from time to time be required for the safety, protection and cleanliness of the Project, the operation thereof, the preservation of good order therein or the protection and comfort of other tenants of the Project and their employees, agents and guests: however, the Janitorial Specifications as modified will be of substantially the same quality level as those described in Exhibit E and Landlord agrees to --------- furnish Tenant with notice of any such modifications.
(v) Sufficient electrical capacity transformed to a panel box located in the core of each floor of the Leased Premises for (A) machines of low electrical consumption at standard voltage (120 volts, single-phase) to the extent that the total demand load at 100% capacity of said machines of low electrical consumption does not exceed two (2) watts per square foot of Usable Area, and (B) lighting and equipment xx xigh voltage (277 volts, single-phase) to the extent that the total demand load at 100% capacity of said lighting and equipment does not exceed two (2) watts per square foot of Usable Area (each such rated electrical desxxx xoad to be liable hereinafter referred to as the "Building -------- Standard Rated Electrical Design Load"). ------------------------------------- Should Tenant's non-linear electrical load (created by equipment such as personal computers, television sets, laser printers, copiers or other electronic devices connected to the power system) result in harmonic distortion conditions which cause any adverse effects in the Project, including but not limited to, deration of any transformer, distribution stepdown transformer failures, overheating or melting of neutral conductors, or malfunctioning of various electronic components. Tenant acknowledges that Tenant, at Tenant's sole cost, shall be obligated to eliminate such harmonic distortion conditions and to repair any damage which results from such harmonic distortion within thirty (30) days of Landlord's request. If Tenant fails to eliminate such harmonic distortion and repair such damage caused thereby within such thirty (30) day period, Landlord, at its option, may make such corrections deemed necessary by Landlord to eliminate such harmonic distortion and make such repairs, and Tenant shall pay to Landlord on demand Landlord's cost thereof plus a charge equal to fifteen percent (15%) of such costs for administrative cost recovery. Tenant shall cause Tenant's electrical system serving any equipment producing non-linear electrical loads to be designed to accommodate such non-linear electrical loads, including but not limited to, over-sizing neutral conductors, derating transformers and/or providing power line filters. Any Tenant plans shall include a calculation of Tenant's fully connected design load with and without demand factors and shall indicate the number of watts of un-metered and sub-metered loads. If Tenanx'x xlectrical equipment and lighting require electrical circuits, transformers or other additional equipment in excess of Tenant's pro rata share of the Building's electrical or HVAC systems (which additional equipment shall be hereinafter referred to as the "Additional Electrical --------------------- Equipment"), Tenant may (at Tenant's cost, including the cost to design, --------- install, maintain and replace the Additional Electrical Equipment [including the meters]) install the same, provided such installation is compatible with existing Building systems, will not compromise Landlord's ability to provide services to Tenant or any employeeother tenants of the Building and will not be burdensome to the Project or to Landlord, inviteein Landlord's opinion, licensee and Tenant shall pay all operating costs related to that requirement (including, without limitation, the cost of electricity, water or sublessee of Tenant for losses due to theft or burglaryother services consumed through, or in connection with, the Additional Electrical Equipment). The method of design and installation of any Additional Electrical Equipment (including any related meter) required by Tenant shall be subject to the prior written approval of Landlord and shall be performed by Landlord at Tenant's sole cost (including a charge equal to ten percent (10%) of such cost for damages done the review and installation of such Additional Electrical Equipment for administrative cost recovery). Tenant shall pay to Landlord the cost of electricity consumed in excess of the Building Standard Rated Electrical Design Load as determined by unauthorized persons meter, or if not metered, as otherwise reasonably estimated by Landlord, plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Landlord may cause the entire Leased Premises to be separately metered (at Tenant's expense, including, without limitation, the cost of installing, maintaining, repairing and replacing such meters to the extent necessary), in which event Tenant shall pay the actual cost of electricity consumed by Tenant.
(vi) All Building Standard fluorescent bulb replacement in all areas of the Project and all incandescent bulb replacement in the BuildingCommon Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and Service Areas.
(vii) Perimeter access control for the Project during hours other than Building Operating Hours; PROVIDED, HOWEVER, LANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, AND SHALL NOT BE LIABLE TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES DUE TO THEFT OR BURGLARY, OR FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY DONE BY PERSONS GAINING ACCESS TO THE LEASED PREMISES OR THE PROJECT, EXCEPT TO THE EXTENT CAUSED BY LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND TENANT HEREBY RELEASES LANDLORD FROM ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY LANDLORD'S NEGLIGENCE. Tenant shall cooperate fully in Landlord's efforts to maintain access control in the Building and shall follow all regulations promulgated by Landlord with respect thereto.
(viii) Non-exclusive multiple cab passenger elevator service to the Leased Premises during Building Operating Hours, with passenger elevator service to the Leased Premises by at least one (1) cab twenty-four (24) hours per day, and non-exclusive freight elevator service to the Leased Premises during Building Operating Hours with such freight elevator service available at other times upon reasonable prior notice (however, all of the foregoing shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems). In the event Tenant desires Landlord to provide any of the aforementioned services (including heating and air-conditioning) in amounts in excess of those24 Building Standard Services or in addition to the Building Operating Hours, and in the event Landlord elects provided such services are compatible with existing Building systems, will not compromise Landlord's ability to provide these services to Tenant or other tenants of the Building and are not burdensome to the Project or to Landlord, in Landlord's opinion, and so long as an Event of Default is not in existence, Landlord may elect (but is not required) to provide such excess or additional services, services and Tenant shall pay Landlord as Additional Rent additional rent hereunder the cost of providing these such excess or additional services, including without limitation, design, metering, installation and operating costs plus a charge equal to ten percent (10%) of such costs for administrative cost recovery.
(b) To the extent the services described in Section 4.1(a) require electricity, water, gas, steam or other utility services supplied by public utilities, Landlord's covenants hereunder shall impose on Landlord only the obligation to use its good faith, reasonable efforts to cause the applicable public utilities to furnish the same. Landlord shall not be responsible for, and shall have no liability with respect to, the quality or condition of any services provided by such public utilities.
(c) Failure by Landlord to any extent to furnish any of the above servicesaforementioned services to Tenant, the Leased Premises or the Project, or any cessation (including any partial curtailment) thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person person, property or propertyotherwise, nor shall that event to be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized in supplying the services listed herein break down, or for any cause cease to function properly, such failure shall not work as an abatement of Rent, nor be construed as an eviction of Tenant, nor relieve Tenant from fulfilling any covenant or agreement contained herein, nor render Landlord shall use reasonable diligence to repair liable for damages; provided, however, that equipment should any of such services be interrupted or machinery promptlyterminated as a result of Landlord's negligence but not as the result of (i) curtailment in services imposed by any Governmental Authority, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation (ii) failure of the general banking public utilities to furnish necessary services, or (iii) Tenant's negligence, gross negligence or willful misconduct (a "Service Interruption") and office business purposes if, as a result of such Service Interruption, the -------------------- Leased Premises (or any part thereof) is untenantable, and such Service Interruption continues for a period of five (5) or more consecutive Business Days after Tenant delivered written notice to Landlord of such Service Interruption, then all Rent including, without limitation, Base Rental and Base Rental Adjustment shall abate as to those portions of the Leased Premises rendered untenantaxxx xrom and including the sixth (6th) Business Day after Landlord's receipt of such written notice from Tenant and shall continue until such space is again tenantable. The foregoing rental abatement shall constitute Tenant's sole and exclusive remedy involving or with respect to a Service Interruption. Notwithstanding the foregoing, if a Service Interruption occurs as a result of or in connection with a fire or other casualty or a taking or condemnation for a public purpose (or a conveyance in lieu thereof), the foregoing rental abatement shall not be available to Tenant, including all and Landlord's and Tenant's rights and obligations with respect thereto are governed by the provisions of its special machines and equipment 23 On Section 6.1 in the 18th and 19th floors case of the Premises 24 To be provided as set forth above a taking or condemnation (or a conveyance in this Section 7.02 Lease, and shall have no claim for a reduction, abatement lieu thereof) or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25Section
Appears in 1 contract
Samples: Lease Agreement (Zixit Corp)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant is not with the following services: (1) water service for use in default under any of the provisions of this Leaselavatories on each floor on which the Premises are located, and twenty-four (24) hours per day, seven (7) days per week, subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
Force Majeure; (a2) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
conditioning in season during Normal Business Hours, at such temperatures and in such amounts that satisfy the HVAC Operating Criteria (cas defined below); provided that (i) Routine maintenanceTenant, painting upon such advance notice as is reasonably required by Landlord (but not to exceed twenty-four (24) hours), shall have the right to receive HVAC service during hours other than Normal Business Hours and electric lighting (ii) Tenant shall pay Landlord the standard charge for the additional service for all Common Areas as reasonably determined by Landlord from time to time, which standard charge shall reflect Landlord’s actual cost (including depreciation) without markup; (3) maintenance and special service areas repair of the Building Property as described in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance Section 9.B.; (4) janitor service on Business Days. If Tenant’s use, floor covering or other improvements require special services in excess of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security services for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay the additional cost attributable to the special services; (5) elevator service; (6) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Section 10; and (7) such other services as Landlord as Additional Rent hereunder reasonably determines are necessary or appropriate for the cost Building, the Property or the Project. The “HVAC Operating Criteria” shall be not less than the following: (i) cooling season indoor temperatures are not in excess of providing these additional services. Failure by Landlord 73°F-79°F when outdoor temperatures are 91°F ambient, and (ii) heating season indoor temperatures are between 68°F-75°F when outdoor temperatures are at 50°F ambient.
B. Landlord’s failure to any extent to furnish any of the above servicesfurnish, or any cessation thereofinterruption or termination of, resulting from causes services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord, Landlord (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person or propertyTenant, nor shall that event be construed as an constitute a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, notwithstanding the foregoing, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of five (5) consecutive business days due to a Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (6th) consecutive business day of the Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s obligations hereunder Property (includingdefined in Section 15), but not limited to, arising out of or in connection with the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account failure of any interruption in service occasioned thereby resulting therefrom.25security services, personnel or equipment, except to the extent of any loss or damage arising due to any gross negligence or willful misconduct of Landlord or its agents, employees or contractors.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish the following services (the “Landlord Services”), such services to be provided at all times during standard the Lease Term (i.e. 24 hours of operation of per day, 7 days per week) and at a level substantially similar to that provided in Class A multi-tenant office buildings in the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Dallas Central Business District (unless otherwise specified):
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, sanitary sewer, and central heat and air conditioning;20conditioning (on a twenty-four (24) hour per day, seven (7) day per week basis) in season (“HVAC Services”). Notwithstanding the foregoing, Tenant shall be entitled to install a supplemental HVAC system and/or one or more supplemental HVAC units in the Premises, at Tenant’s sole cost and expense, subject to the provisions of Paragraph 17 below.
(cb) Routine cleaning, maintenance, painting repairs and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation Complex, including cleaning and maintenance of the Building as a first-class office building all sidewalks, walkways, driveways, parking facilities, and landscaping in the Central Business District common areas.
(CBDc) of 21;All Building standard fluorescent and incandescent bulb replacement in the Complex.
(d) Janitorial service on a Security services to the Complex (subject to the following provisions of this Paragraph 9).
(e) Electric current to the Premises of six (6) xxxxx per rentable square foot thereof (five (5) day week basis, excluding Saturdays, Sundays xxxxx per rentable square foot for power (connected load) and legal holidays;
one (e1) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenantwatt per rentable square foot for lighting);
(f) Initial lamps, bulbs, starters Passenger elevators providing ingress to and ballasts used egress from all floors within the Premises; Premises and, to the extent applicable, the parking facilities. Landlord shall ensure that all elevators included in Base Building Improvements remain operational at all times during the Lease Term (subject only to unavailability for reasonable periods as required for repair or maintenance, provided that at least one passenger elevator shall remain available during such periods).
(g) Security Janitorial cleaning service to the Premises, five (5) days per week, including garbage removal and window washing (which window washing shall be effected no less often than once per year for the Buildinginterior window washing and twice per year for washing the exterior of the windows), however in any event such janitorial services shall include those janitorial specifications set forth on Exhibit K attached hereto. Tenant reserves the right to perform its own janitorial services within the Premises, in which event Landlord thereafter shall have no further obligation under this Lease to provide any such services unless Tenant subsequently requests in writing that Landlord resume providing such services; provided, howeverthat (i) during any period in which Tenant has elected to perform such services, Base Rental shall be reduced by the cost savings realized by Landlord as a result thereof (which costs shall also be excluded from Basic Costs), (ii) Tenant shall be responsible for the performance such services for at least twelve (12) months before requesting that Landlord resume providing such services, and (iii) Landlord shall not be required to resume the performance of any such services more than once in any five year period unless performance issues had originally prompted Tenant to elect to perform such services for itself.
(h) Electric lighting for all common areas.
(i) Access to the Premises and all parking facilities on a 24-hour-per-day, 7-day-per-week, basis.
(i) during any period in which Tenant has elected to perform such services, Base Rental shall be reduced by the cost savings realized by Landlord as a result thereof (which cost savings have been stipulated by the parties to be $180,000 annually for purposes of computing such Base Rental reduction), which costs shall also be excluded from Basic Costs, (ii) Tenant shall be responsible for the performance such services for at least twelve (12) months before requesting that Landlord resume providing such services, and (iii) Landlord shall not be required to resume the performance of any such services more than once in any five year period unless performance issues had originally prompted Tenant to elect to perform such services for itself. Subject to Landlord’s compliance with the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives any claim against Landlord for (i) any unauthorized or criminal entry of third parties into the Premises or Complex, (ii) any employee, invitee, licensee damage to persons or sublessee of Tenant for losses due to theft or burglaryproperty, or for damages done by (iii) any loss of property in and about the Premises or Complex from an unauthorized persons in or criminal acts of third parties, regardless of any action, inaction, failure, breakdown or insufficiency of security (unless resulting from the Buildinggross negligence or willful misconduct of Landlord or its principals, officers, directors, employees or agents). In Notwithstanding the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesforegoing, Tenant shall pay Landlord as Additional Rent hereunder be entitled to install in the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above servicesPremises a separate security and/or access system, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of at Tenant’s obligations hereunder (includingsole cost and expense, but not limited to, subject to the payment provisions of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.2517 below.
Appears in 1 contract
Samples: Sublease Agreement (A. H. Belo Corp)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject Landlord agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish Tenants the following services during standard hours as part of operation the operations of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water Water at those points of supply provided for general use of Tenant and other tenants in the Building;
(b) Subject to the provisions of Paragraph 9, central heat and air conditioning;20conditioning, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority for all of the common areas. Any costs for repair and/or replacement which are not covered under Tenant’s Service agreement set forth in said Paragraph 9, other than filters, shall be paid by Landlord, The cost of filters and the replacement thereof, as to the demised Premises and not the common areas, shall be borne by the Tenant.
(c) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard including, but not limited to, elevator maintenance, landscape maintenance, parking lot maintenance, alarm service, roof repair and maintenance, and window cleaning. Said maintenance shall be performed in a professional manner consistent with the operation and maintenance use of the Building as a first-class for Bank and professional office building in the Central Business District (CBD) of 21;uses.
(d) Janitorial Janitor service and supplies to all Common Areas, Mondays through Fridays, exclusive of normal business holidays. (Note: The bathrooms on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;the ground floor of the Building within the Premises shall be maintained by Tenant).
(e) 22 If any Subject to the provisions of Paragraph 11, facilities to provide all electrical equipment installed23 requires air conditioning capacity above that provided current reasonably required by the building standard system, then the additional air conditioning installation Tenant in its use and corresponding operating costs will be the separate obligation occupancy of the TenantPremises;
(f) Initial lamps, bulbs, starters All Building Standard fluorescent bulb replacement in the Common Areas and ballasts used within the Premises; andService Areas;
(g) Security in the form of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a fee for such access in order to partially reimburse Landlord for the Building; providedcost of the system which limits after-hours access. Notwithstanding the foregoing, at the inception of this Lease, there is no security system in place at the building which would result in a fee for after hours access. However, Landlord reserves the right to install a security system and charge such a reasonable fee in the future should the need for a system arise. Landlord, however, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlords efforts to maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto. Notwithstanding anything to the contrary contained above, until a system, other than a dead bolt lock system, is installed at the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay be provided with a key to the lobby doors for after hours access for Tenant and its employees. Tenant shall, at Tenant’s expense, install a security system for the space occupied by Tenant; and,
(h) Tenant shall be permitted to use elevators for normal passenger uses. For the purpose of moving bulky property in and out of the Building, Tenant shall be permitted to use the elevators only during other than Normal Business Hours and only after first obtaining Landlord’s consent to such use, request for such consent to be submitted not less than one (1) day in advance of each move. (Tenant shall promptly reimburse Landlord as Additional Rent hereunder for all costs associated with the after-hours operation of the elevator service for moving purposes, including without limitation the cost of providing these additional services. Failure any operator or security personnel, and Tenant shall also promptly reimburse Landlord’s cost to repair any damage to the elevator cab(s) or the Building resulting from Tenant’s moving.) The failure by Landlord to any extent to furnish any of the above servicesdefined services noted above, in whole or in part, or any cessation thereofthe interruption or termination of same, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction (constructive or otherwise) of Tenant, nor result in cause an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein cease for any cause cease reason to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions Subject to Paragraph 7 of this Lease, and subject Landlord agrees to reimbursement pursuant use commercially reasonable efforts to Section 4.02 above, Landlord shall provide furnish Tenant the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water Water at those existing points of supply provided for the general or common use of Tenant and other tenants in the Building, central .
b) Central heat and air conditioning;20conditioning to the Building, Service Areas, Common Areas, and the Premises during Normal Business Hours provided Tenant shall bear the entire additional cost of any "Overtime Use" of the air conditioning systems within Tenant's Premises as provided in Paragraph 14 below, provided further that such services may be interrupted or moderated (with shorter service hours or different temperature settings) by any policies or regulations of any utility or governmental agency.
(c) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;and/or reasonable.
(d) Janitorial service on a five (5) day week basisto the Premises and all Common Areas, excluding SaturdaysMondays through Fridays, Sundays and legal exclusive of normal business holidays;.
(e) 22 If any Facilities to provide all electrical equipment installed23 requires air conditioning capacity above that provided by current as Landlord, in its sole discretion, determines is necessary for normal office use within the building standard system, then the additional air conditioning installation Premises and corresponding operating costs will be the separate obligation for use and operation of the Tenant;Common Areas (interior and exterior).
(f) Initial lampsAll florescent bulb replacement in the Premises and florescent and incandescent bulb replacement in the Common Areas and Service Areas; however, bulbs, starters and ballasts used within Tenant shall pay for the Premises; andreplacement of any "high hat" lights or any other special or customized lighting.
(g) Security for Control of access to the Building; providedBuilding during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord, however, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employeelicensees for bodily injury, invitee, licensee or sublessee of Tenant for losses due to theft or burglarydeath, or for damages done to or loss of property suffered or incurred by any party whomsoever, caused by or arising from theft or burglary or entry of unauthorized persons onto the Property and neither shall Landlord be required to insure against any such losses except if caused by the Landlord's gross negligence or gross negligence of the Landlord's employees. Tenant shall cooperate fully to maintain security in the Building. In Building and on the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, Property and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25follow all regulations promulgated by Landlord.
Appears in 1 contract
Samples: Office Lease Agreement (Progressive Telecommunications Corp)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant the following services:
(1) Water for use in the lavatories on the floor(s) on which the Premises is not located. If Tenant desires water in default under the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the provisions of this LeasePremises, Tenant, at its sole cost and expense and subject to reimbursement pursuant to Section 4.02 abovethe prior reasonable consent of Landlord, Landlord may install a hot water heater in the Premises. Tenant shall provide be solely responsible for the following services during standard hours maintenance and repair of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdaysany such water heater.
(a2) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central Central heat and air conditioning;20conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent.
(c3) Routine maintenance, painting Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;location.
(d4) Janitorial and cleaning service in and about the Premises on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, if Tenant’s floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord.
(5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease.
(6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(7) Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided.
(8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in any manner for failure of any access personnel, services, procedures or equipment to Tenant or any employeeprevent, invitee, licensee or sublessee of Tenant for losses due to theft or burglarycontrol, or for damages done by unauthorized persons apprehend anyone suspected of causing personal injury or damage in, on or around the Project.
B. If Tenant requests any other utilities or building services in the Building. In the event Tenant desires addition to those identified above, or any of the aforementioned above utilities or building services in amounts in excess of those24 and in frequency, scope, quality or quantities substantially greater than the event standards set by Landlord elects for the Building, then Landlord shall use reasonable efforts to provide these attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25machinery.
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord shall furnish the following services: (i) heating and air conditioning during Normal Business Hours to provide a temperature condition required, in Landlord’s commercially reasonable judgment, for comfortable occupancy of the Premises (approximately between 68° — 72° (F) during seasonal weather conditions) under normal business operations and consistent with buildings in the local market comparable to the Building; provided that Tenant shall be responsible for the electricity necessary to operate the air conditioning serving the Premises during any period when such service is not separately metered pursuant to the last sentence of Section 10; (ii) water for drinking, and, subject to Landlord’s approval, water at Tenant’s expense for any private restrooms and office kitchen requested by Tenant; (iii) janitorial service in default under the Premises and Common Areas on Business Days pursuant to the Cleaning Specifications attached hereto as Exhibit I as the same may be amended in a commercially reasonable manner from time to time; (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this Lease and (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord.
B. If Tenant requests any other utilities or Building services in addition to those identified in Section 6A, or any of the provisions of this Leaseabove utilities or Building services in frequency, and subject to reimbursement pursuant to Section 4.02 abovescope, quality or quantities substantially greater than the standards set by Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable use reasonable efforts to attempt to furnish Tenant with such additional utilities or any employee, invitee, licensee Building services. Landlord may impose a reasonable charge for such additional utilities or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional Building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as may be otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of utilities and Building services identified in Section 6A in whole or in part, resulting from adherence to laws , regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an actual or constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, except as otherwise expressly provided in this Lease.
D. Notwithstanding anything to the contrary contained in this Section 6, if: (i) Landlord ceases to furnish any service in the Building for a period in excess of Tenantfive (5) consecutive Business Days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant (or its employees, contractors, invitees or agents); (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) such cessation of service is the result of causes, events or circumstances within the Landlord’s obligations hereunder reasonable control and the cure of such interruption is within Landlord’s reasonable control ; and (including, but not limited tov) as a result of such cessation, the payment Premises or a material portion thereof, is rendered untenantable and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant , as its sole remedy, shall be entitled to receive an abatement of Rent). Should any Base Rent payable hereunder during the period beginning on the sixth (6th) consecutive Business Day after Landlord’s receipt of the equipment or machinery utilized Interruption Notice and ending on the day when the service in supplying question has been restored. In the services listed herein for any cause cease event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to function properly, Landlord receive shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for be equitably prorated based upon the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors portion of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, so rendered untenantable and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25not used by Tenant.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.services:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water Water at those points of supply provided for general use of Tenant and other tenants in the Building, central .
(b) Central heat and air conditioning;20conditioning in the common areas of the building, at such temperatures and in such amounts as are considered by Landlord to be as required by governmental authority, provided, Hours” for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal business holidays.
(c) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(d) Janitorial service on a five (5) day week basisfor Common Areas and the leased premises, excluding Saturdayswhich shall be provided Mondays through Fridays, Sundays and legal exclusive of normal business holidays;
(e) 22 If any Subject to the provisions of Paragraph 13, at Tenant’s cost, Landlord to provide all electrical equipment installed23 requires air conditioning capacity above that provided current required by the building standard system, then the additional air conditioning installation Tenant in its use and corresponding operating costs will be the separate obligation occupancy of the Premises except for service within the Premises which is separately metered by FPL for account of Tenant;.
(f) Initial lamps, bulbs, starters All Building Standard fluorescent bulb replacement in the Premises and ballasts used within fluorescent and incandescent bulb replacement in the Premises; andCommon Areas and Service Areas.
(g) Security for in the Building; providedform of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Landlord, however, Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, invitees or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. In Tenant will be furnished two (2) Restroom keys, two sets of entry door keys, and, if utilized in the event property’s security system(s), two electronic entry “Fobs” at no charge. Tenant desires any will be charged $10.00 for each additional key issued to Tenant. Tenant will be charged $25.00 for each additional swipe card issued to Tenant.
(h) Elevator service to each floor of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Premises provided that Tenant shall pay be permitted to use such elevators for the purpose of moving bulky property in and out of the Building only during other than Normal Business Hours and only after first obtaining Landlord’s consent to be submitted not less than five (5) days in-advance of each move. Tenant shall promptly reimburse Landlord as Additional Rent hereunder for all costs associated with the after-hours operation of the elevator service for moving purposes, including without limitation the cost of providing these additional servicesany operator or security personnel and Tenant shall also promptly reimburse Landlord’s cost to repair any damage to the elevator cab(s) or the Building resulting from Tenant’s moving. Failure The failure by Landlord to any extent to furnish any the defined services noted above in whole or in parts the interruption or termination of the above services, or any cessation thereofsame, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction (constructive or otherwise) of Tenant, Tenant nor result in cause an abatement of Rent, rent nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein cease for any cause cease reason to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby thereby, or resulting therefrom.25therefrom.
Appears in 1 contract
Services to be Furnished by Landlord. Provided During the Term, Landlord shall furnish (as part of Operating Expenses of the Project) to Tenant the following services for so long as Tenant is not in default under any occupying the Leased Premises:
(a) Regardless of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 aboveseason or climate, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot hot and cold water to base building HVAC equipment as necessary to satisfy demand of comfort related equipment within the Leased Premises on the Building Standard Days during the Building Standard Hours. Landlord shall provide the same at those points cost on days other than Building Standard Days and at times other than Building Standard Hours upon request of supply provided for general use of other tenants in Tenant, who shall bear the Building, central heat and air conditioning;20
(c) entire cost thereof. Routine maintenance, painting maintenance and electric lighting service for all Common Areas public areas, service areas, and special service common areas of the Building in the manner and to the extent deemed appropriate by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;Landlord.
(db) Janitorial service services on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Buildingall Business Days as set forth on Schedule 9 hereto; provided, however, if any of Tenant's floor coverings or other improvements are other than building standard, Tenant shall pay the additional cleaning cost attributable thereto..
(c) Sufficient electrical capacity will be distributed to the panel boxes located at the core of each floor of the Leased Premises to operate (i) equipment of a low voltage electrical rating (120/208 volts) and (ii) equipment of a high voltage electrical rating (277/480 volts) to the extent that the total design load within the Leased Premises does not exceed six (6) xxxxx per square foot of net rentable area, such related electrical design load to be hereinafter referred to as the ("Building Standard Rated Electrical Design Load"). In addition to the foregoing, Tenant acknowledges that the power available in the Building standard bus duct at each floor on which the Leased Premises are located will have a total (i.e., inclusive of the above-described Building Standard Rated Electrical Design Load) capacity available to Tenant of at least six (6) xxxxx per square foot of net rentable area contained on such floor. Tenant shall pay to Landlord the cost of electricity consumed in excess of the Building Standard Rated Electrical Design Load as determined by meter, or if not metered, as otherwise reasonably estimated by Landlord (provided that if the Leased Premises is not separately metered, Landlord shall provide Tenant with reasonable supporting documentation for Landlord's calculation of such costs, sufficient to reasonably enable Tenant to confirm the basis of Landlord's calculations). Such cost of electricity shall include (1) any actual accounting expenses incurred by Landlord in connection with the metering thereof, (2) any taxes or other charges related to such electricity or the supply thereof and (3) if any tax is imposed upon Landlord's receipts from the sale or resale of electricity to Tenant, Tenant shall reimburse Landlord for such tax, if and to the extent permitted by applicable Legal Requirements. If Tenant's electrical equipment and lighting require electrical circuits, transformers or other additional equipment in excess of Tenant's pro rata share (based on the Net Rentable Area of the Leased Premises relative to the Net Rentable Area of the Building) of the Building's electrical or heating, ventilation and air conditioning systems, Tenant may (at Tenant's cost, including the cost to design, install, maintain and replace the additional electrical equipment (including the meters)) install the same, provided such installation is compatible with existing Building systems, will not compromise Landlord's ability to provide services to Tenant or other tenants of the Building and will not be burdensome to the Building or to Landlord, in Landlord's sole opinion, and Tenant shall pay all operating costs related to that requirement (including the cost of electricity, water or other services consumed through, or in connection with, the additional electrical equipment). The method of design and installation of any additional electrical equipment (including any related meter) required by Tenant shall be subject to the prior written approval of Landlord and Tenant (such approval by Tenant not to be unreasonably withheld) and shall be performed by Landlord at Tenant's sole cost (including a charge equal to 8% of such cost for the review and installation of such additional electrical equipment for administrative cost recovery).
(d) All building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas, toilet and rest room areas and stairwells.
(e) Access control to the Building (the cost of which is part of Operating Expenses of the Project) during weekends and after normal working hours during the week consistent with that provided at Comparable Buildings. Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglaryburglary (except to the extent caused by the gross negligence or willful conduct of Landlord, its agents and employees), or for damages done by unauthorized persons Persons on the Project or within the Leased Premises.
(f) Window cleaning to the extent consistent with Comparable Buildings to be performed at least once every six (6) months during the Term.
(g) Non-exclusive passenger elevator service to the Leased Premises and non-exclusive freight elevator service, in the Building. In the event Tenant desires any each case, at all times.
(h) Maintenance of the aforementioned roof, exterior walls, load-bearing components, foundation, floor slabs and other structural components, the mechanical, electrical and plumbing systems, fire control systems, security and access control systems, the Building common areas, service areas, elevators, exterior lighting, sidewalks and landscaping of the Project all in a manner consistent with that provided at Comparable Buildings. To the extent that the services in amounts in excess described above require electricity, gas or water supplied by public utilities, Landlord's obligations shall require only that Landlord use commercially reasonable efforts to cause the utilities to furnish the same and shall be subject to any curtailment of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional servicesutilities supplied. Failure by Landlord to any extent to furnish any of the above servicesservices set forth in this Section 3.01, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person Person or property, nor shall that event be construed as an eviction of Tenant, nor result in an entitle Tenant to any abatement or setoff of Rentrent, nor relieve Tenant from fulfillment of any of Tenant’s obligations hereunder (includingcovenant or agreement hereof, but not limited toexcept to the extent expressly provided in Section 3.02. Additionally, the payment of Rent). Should if any of the equipment or machinery utilized used in supplying connection with the services listed herein Project breaks down, or for any cause cease ceases to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reductionconstructive eviction, setoff, rebate or abatement or rebate of Rent rent or damages on account of any interruption in service occasioned thereby or resulting therefrom.25therefrom, except to the extent expressly provided in Section 3.02. Notwithstanding anything to the contrary in this Article 3, no services other than electrical service and heating, ventilation, water and air conditioning services shall be provided to the Rooftop Equipment Closet.
Appears in 1 contract
Samples: Lease Agreement (Transcontinental Gas Pipe Line Corp)
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant is not with the following services:
(1) Water service for use in default under any the lavatories on each floor on which the Premises are located;
(2) HVAC and related services as follows: central ventilation, heat and air conditioning in season at such times and at temperatures and humidity levels and in the amounts set forth on Exhibit G (subject to modification in hours of operation, temperatures or otherwise to the extent required to comply with Laws or the mandatory requirements of the provisions applicable public utility). Landlord will provide HVAC service at times other than Normal Business Hours on the request of this LeaseTenant, at rates equivalent to the cost of providing such service, including depreciation of the HVAC equipment, (without any xxxx-up or management fee);
(3) Maintenance and repair of the Property as described in Section IX.B.;
(4) Janitor service on Business Days in accordance with the specifications described on the attached Exhibit H. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services;
(5) Elevator service;
(6) Electricity to the Premises for general office use, in accordance with and subject to reimbursement pursuant to Section 4.02 abovethe terms and conditions in Article X and the following requirements:
a. The electrical service provided by the electrical user system shall provide a minimum of six xxxxx per rentable square foot for Tenant’s lighting and receptacles in all areas (other than the trading area and computer areas), excluding HVAC equipment, special systems, miscellaneous electrical loads and elevator equipment requirements.
b. Landlord shall provide the following services during standard hours a total of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20
(c) Routine maintenance, painting and electric lighting service for all Common Areas and special service areas of the Building in the manner and 20 xxxxx per square foot to the extent deemed by Landlord trading floors and a total of 40 xxxxx per square foot to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Buildingcomputer areas; provided, however, pursuant to Article X.B of this Lease, Landlord may charge for excess usage beyond Normal Business Hours or beyond overall load standard for the Building. It should be noted that the above power requirements for the trading floors and the computer room do not include the power required for the mechanical system to cool such spaces. The indicated requirements are for lighting and equipment power only.
(7) Building standard lamps and ballasts and all replacements thereto in the Premises, and all lamps and ballasts and replacements thereof in all portions of the Common Areas (including all Skyways, elevator lobbies, toilet and restroom areas and stairwells). All such lamps, ballasts, and replacements at all times shall be owned by Landlord and shall be in conformance with the base Building standard items;
(8) Security guards and/or equipment on a twenty-four (24) hour-per-day, seven (7) day-per-week basis to maintain security for the Building commensurate with other first class buildings in the Minneapolis Central Business District. Upon request, Building security staff will provide escort services to all locations within the Building, including the Parking Garage; and
(9) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Notwithstanding anything herein to the contrary, Landlord will furnish the foregoing services at least at levels commensurate with a Class “A” multi-tenant office building in the Minneapolis Central Business District; provided that this sentence shall not be liable deemed to Tenant limit or any employeeotherwise restrict Landlord, inviteein its reasonable business judgment, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in from providing the Building. In the event Tenant desires any of the aforementioned foregoing services in amounts at levels which may be in excess of those24 and in the event Landlord elects such Class “A” standard.
B. Landlord’s failure to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofinterruption or termination of, resulting from causes services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord, Landlord (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person or propertyTenant, nor shall that event be construed as an constitute a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s obligations hereunder trade fixtures, equipment, furniture or other personal property within the Premises (“Tenant’s Property”), arising out of or in connection with the failure of any security services, personnel or equipment.
C. Subject to the other terms and conditions of this Lease, Landlord will provide Tenant with access to the Premises, twenty-four (24) hours a day, seven (7) days per week. Landlord shall, without cost to Tenant, also provide to Tenant security cards or other devices necessary to gain access to the Building, floors on which the Premises are located, the Parking Garage and areas of the Building where any Storage Rooms or Auxiliary Rooms are located, in number not less than the number from time to time of employees of Tenant or Approved Users. Any lost, stolen or misplaced cards shall be replaced by Landlord at Tenant’s expense. As of the Effective Date, Tenant has one office on which Tenant has installed its own lock for which Tenant retains the key (the “Secured Area”); provided, however, the Secured Area is on the Building’s key system. At all times during the Lease Term, the Secured Areas will have locks and/or key pads consistent with Building’s key system and Landlord shall, at all times, have a key or access code to such Secured Areas. Tenant shall surrender all keys to the Secured Area to Landlord at the end of the Term. Notwithstanding the fact that Landlord will retain keys and/or access codes to the Secure Area, in a non-emergency situation Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have access to the Secured Area. Landlord shall comply with all reasonable security measures established by Tenant pertaining to the Secured Area. If Landlord determines in its reasonable discretion that an emergency in the Building or the Premises, including, but not limited towithout limitation, a suspected fire or flood, requires Landlord to gain access to the payment Secured Area, Tenant hereby authorizes Landlord to enter the Secured Area, without prior notice to or being accompanied by Tenant, by any means determined by Landlord, acting reasonably. Landlord will use commercially reasonable efforts to minimize the damage to or interference with the Secured Area and/or Premises in the event of Rent)an emergency. Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities obligation to provide sufficient power for either janitorial service or cleaning in the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25Secured Area.
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant the following services:
(1) Water for use in the lavatories on the floor(s) on which the Premises is not located. If Tenant desires water in default under the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the provisions of this LeasePremises, Tenant, at its sole cost and expense and subject to reimbursement pursuant to Section 4.02 abovethe prior reasonable consent of Landlord, Landlord may install a hot water heater in the Premises. Tenant shall provide be solely responsible for the following services during standard hours maintenance and repair of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdaysany such water heater.
(a2) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central Central heat and air conditioning;20
(c) Routine maintenanceconditioning in season during Normal Business Hours, painting at such temperatures and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed such amounts as are considered by Landlord Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and consistent with location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service BASED UPON LANDLORD'S ACTUAL EXPENSES (INCLUDING DEPRECIATION OF EQUIPMENT), WITHOUT MARKUP CURRENTLY SET AT $65.00 PER ADDITIONAL HOUR, WITH A FOUR (4) HOUR MINIMUM. SUCH HOURLY CHARGE SHALL BE REASONABLY RESET OR determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant's design shall be installed at the Tenant's expense subject to Landlord's prior written approval. The cost of operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25the
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant the following services:
(1) Water for use in the lavatories on the floor(s) on which the Premises is not located. If Tenant desires water in default under the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the provisions of this LeasePremises, Tenant, at its sole cost and expense and subject to reimbursement pursuant to Section 4.02 abovethe prior reasonable consent of Landlord, Landlord may install a hot water heater in the Premises. Tenant shall provide be solely responsible for the following services during standard hours maintenance and repair of operation of any such water heater and line and fixtures in the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on SaturdaysPremises.
(a2) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central Central heat and air conditioning;20conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested.
(c3) Routine maintenance, painting Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;location.
(d4) Janitorial and cleaning service in and about the Premises on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost (with no markup) attributable thereto as Additional Rent within 30-days after presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord.
(5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease.
(6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting, as established by Landlord, and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(7) Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other tenants in the Building during Normal Business Hours subject to scheduling such freight elevator with the Building Manager during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided.
(8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto, as the same may be amended from time to time. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in any manner for failure of any access personnel, services, procedures or equipment to Tenant or any employeeprevent, invitee, licensee or sublessee of Tenant for losses due to theft or burglarycontrol, or for damages done by unauthorized persons in apprehend anyone suspected of causing personal injury or damage in, on or around the Building. In the event Property.
B. If Tenant desires requests any of the aforementioned other utilities or building services in amounts in excess of those24 and in the event Landlord elects addition to provide these additional servicesthose identified above, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services (without markup or profit to Landlord), which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due.
C. Except as otherwise expressly provided herein, the interruption or termination of these defined services in whole or in part, resulting from Landlord’s adherence to laws, regulations and administrative orders, repairs, improvements alterations, breakdown, accident, weather, strikes, labor disputes, fuel or material scarcity, or failure of any corporation, firm or person with whom the Landlord may contract for any such service to furnish same, or any cessation thereof, resulting from other causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptlymachinery.
D. Landlord shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the exterior portion of the Building and Property, (d) all parking facilities and other portions of the Common Areas, including Building facilities common to all tenants, including, but Tenant not limited to, the ceilings, walls and floors in the Common Areas. Landlord shall have no right use reasonable diligence to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities make repairs when appropriate to provide sufficient power for keep the operation applicable portion of the general banking Premises, Building, Property, and office business purposes other items in the condition described in this clause. Landlord shall not be in default of its repair and maintenance obligations under this section if Landlord performs the repairs and maintenance within thirty (30) days after written notice by Tenant to Landlord of the Tenantneed for such repairs and maintenance. If, including all of its special machines and equipment 23 On due to the 18th and 19th floors nature of the Premises 24 To particular repair or maintenance obligation, more than thirty (30) days are reasonably required for completion, Landlord shall not be provided as set forth above in default under this Section 7.02 Lease, section if Landlord begins work within this thirty-day (30-day) period and shall have no claim for a reduction, diligently prosecutes this work to completion. No abatement or rebate of Rent and no liability of Landlord shall result for any injury to or damages on account interference with Tenant’s business arising from the making of or failure to make any interruption repairs, replacements, alterations, or improvements in service occasioned thereby resulting therefrom.25or to any portion of the Premises, Building, Property, fixtures, appurtenances, or equipment.
Appears in 1 contract
Samples: Office Lease Agreement (Outdoor Channel Holdings Inc)
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities shall be caused Landlord agrees to furnish Tenant the Premises with electricity and water utilized in operating any and all facilities serving the Premises;following services:
(b1) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours.
(c2) Routine maintenance, painting and electric lighting service maintenance for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(d3) Janitorial service on a service, five (5) day week basisdays per week, excluding Saturdaysexclusive of Normal Business Holidays, Sundays and legal holidays;at a level consistent with the Janitorial specifications set forth in Exhibit “L” attached hereto.
(e4) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by All Building Standard fluorescent and incandescent bulb and ballast replacement in the building standard systemPremises, then the additional air conditioning installation Common Areas and corresponding operating costs will be the separate obligation of the Tenant;Service Areas.
(f5) Initial lamps, bulbs, starters and ballasts used within Limited access to the Premises; and
Building (gor to the floor on which the Premises are located) Security for during other than Normal Business Hours through the Building; provided, however, use of master entry cards and/or keys. Landlord shall not be liable have no liability to Tenant Tenant, its employees, agents, contractors, invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees or contractors of Landlord), or for damages done by unauthorized persons in the BuildingPremises or on the Complex. Tenant shall cooperate fully in Landlord's efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit "C".
(6) Electricity, air conditioning, and proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power and air conditioning for normal office machines (including computer servers and server rooms, PCs and other, desk-top computer facilities, copiers, fax machines, and other server-related equipment) and other machines of similar electrical consumption ("Miscellaneous Power"). Landlord will cause the temperature in the Premises to be maintained between 66° and 74° at all times during Normal Business Hours. In the event Landlord determines that Tenant desires any of the aforementioned services in amounts will require, or is consuming, special lighting in excess of those24 and Building Electric Standard (as defined below) or Miscellaneous Power in excess of the event Landlord elects to provide these additional servicesBuilding Electric Standard, Tenant shall pay reimburse Landlord as Additional Rent hereunder for the cost of providing these any additional servicesequipment, which Landlord's engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. Failure In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs and Tenant’s Share of Taxes.
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord or the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at the After Hours HVAC Rate; provided, however, there shall be a one (1) hour minimum charge when such service is requested and the After-Hours HVAC Rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord to in providing such service. In the event any extent to furnish any of other tenant within the above services, same HVAC zone as the Premises also requests after-hours heating or any cessation thereof, resulting from causes beyond air conditioning during the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed same period as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for equitably allocate the operation of cost thereof among all tenants within the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25same HVAC zone requesting such service.
Appears in 1 contract
Services to be Furnished by Landlord. Provided a) So long as Tenant is has not in committed an uncured event of default under any of the provisions of this Lease, and subject Landlord agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish the following services during standard hours of operation of to the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Premises:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(bi) Hot and cold water at those points of supply provided for general use of other the tenants in the Building, central heat and air conditioning;20
(c) Routine maintenanceconditioning in season, painting at such temperatures and electric lighting service for all Common Areas and special service areas of the Building in the manner and to the extent deemed such amounts as are considered by Landlord to be standard and consistent with the operation and maintenance of the Building or as a first-class office building in the Central Business District (CBD) of 21;
(d) Janitorial service on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided required by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Buildinggovernmental authority; provided, however, Landlord heating and air conditioning service at times other than for “Normal Business Hours” for the Building (which are 7:00 AM to 6:00 PM Mondays through Fridays and 8:00 AM to 1:00 PM Saturdays, exclusive of normal business holidays) shall not be liable to Tenant or any employee, invitee, licensee or sublessee furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 PM at least one (1) business day in advance of the date such usage is requested. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time.
(ii) Janitor service, five times weekly, exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefore by Landlord.
(iii) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(iv) Elevator service.
(v) Security in the form of limiting the general public’s access to the Building other than during Normal Business Hours, as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees, contractors or licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to maintain security in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 Building and in the event shall follow all regulations promulgated by Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure with respect thereto.
b) The failure by Landlord to any extent to furnish any or the interruption or termination of the above servicesthese defined services resulting, in whole or any cessation thereofin part, resulting from causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, Tenant nor result in entitle Tenant to an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, offset or abatement or rebate of Rent rent or damages on account of any an interruption in service occasioned thereby or resulting therefrom.25therefrom.
c) Except as otherwise expressly provided herein, Landlord shall not be required to make any repairs to the Premises.
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.
(a) Public utilities Landlord shall be caused to furnish Tenant during Tenant's occupancy of the Leased Premises with electricity and water utilized in operating any and all facilities serving the Premises;following Building standard services (the "Building Standard Services") so long as an Event of Default has not occurred:
(bi) Hot Subject to Legal Requirements, common use rest rooms with hot and cold domestic water at those points of supply locations provided for general use of other tenants in the Building, central .
(ii) Central heat and air conditioning;20conditioning in season, subject to curtailment as required by Legal Requirements. Landlord shall furnish such service to Tenant between the hours (the "Building Operating Hours") of 7:00 A.M. and 6:00 P.M., Monday through Friday, and 7:00 A.M. and 1:00 P.M., Saturday, excluding the following holidays (or the day observed in lieu thereof by the government of the United States): New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other holidays as may be designated by prior written notice by Landlord (collectively, the "Holidays"). Upon request of Tenant made in accordance with the Project Rules (defined in Section 5.7), Landlord will furnish air conditioning, ventilating and heating at times other than Building Operating Hours, in which event Tenant shall pay Landlord the then current charges incurred by Landlord to provide such services. As of the Effective Date, the after hour HVAC charge is $35.00 per hour per floor; however such charge is subject to increase by Landlord based upon actual increases in costs that Landlord may incur.
(ciii) Routine maintenance, painting maintenance and electric lighting service for all Common Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;Building.
(div) Janitorial service on a five (5) day per week basis, basis (excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingHolidays); provided, however, if Tenant's leasehold improvements (including floor coverings) are other than Building Standard Improvements, include a lunchroom, coffee bar or other similar facility for its employees or otherwise require special or additional cleaning in excess of the Building Standard Services, Tenant shall pay the actual additional cleaning cost, if any, incurred by Landlord as the result thereof plus a charge equal to five percent (5%) of such additional costs for administrative cost recovery.
(v) Sufficient electrical capacity transformed to a panel box located in the core of each floor of the Leased Premises for (A) machines of low electrical consumption at standard voltage (120 volts, single-phase) to the extent that the total consumption of said machines of low electrical consumption does not exceed three and twenty-five hundredths (3.25) xxxxx per square foot of Rentable Area, and (B) lighting and equipment at high voltage (277 volts, single-phase) to the extent that the consumption of said lighting and equipment does not exceed two (2) xxxxx per square foot of Usable Area (each such rated electrical design load to be hereinafter referred to as the "Building Standard Rated Electrical Design Load"). Should Tenant's non-linear electrical load (created by equipment such as personal computers, television sets, laser printers, copiers or other electronic devices connected to the power system) result in harmonic distortion conditions which cause any adverse effects in the Project, including but not limited to, deration of any transformer, distribution stepdown transformer failures, overheating or melting of neutral conductors, or malfunctioning of various electronic components, Tenant acknowledges that Tenant, at Tenant's sole cost, shall be obligated to eliminate such harmonic distortion conditions and to repair any damage which results from such harmonic distortion within thirty (30) days of Landlord's request. If Tenant fails to eliminate such harmonic distortion and repair such damage caused thereby within such thirty (30) day period, Landlord, at its option, may make such corrections deemed necessary by Landlord to eliminate such harmonic distortion and make such repairs, and Tenant shall pay to Landlord on demand Landlord's cost thereof plus a charge equal to ten percent (10%) of such costs for administrative cost recovery. Tenant shall cause Tenant's electrical system serving any equipment producing non-linear electrical loads to be designed to accommodate such non-linear electrical loads, including but not limited to, over-sizing neutral conductors, derating transformers and/or providing power line filters. The Tenant Working Drawings (defined in Exhibit C-1) shall include a calculation of Tenant's fully connected design load with and without demand factors and shall indicate the number of xxxxx of un-metered and sub-metered loads. If Tenant's electrical equipment and lighting require electrical circuits, transformers or other additional equipment in excess of Tenant's pro rata share of the Building's electrical or HVAC systems (which additional equipment shall be liable hereinafter referred to as the "Additional Electrical Equipment"), Tenant may (at Tenant's cost, including the cost to design, install, maintain and replace the Additional Electrical Equipment [including the meters]) install the same, provided such installation is compatible with existing Building systems, will not compromise Landlord's ability to provide services to Tenant or any employeeother tenants of the Building and will not be burdensome to the Project or to Landlord, inviteein Landlord's opinion, licensee and Tenant shall pay all operating costs related to that requirement (including, without limitation, the cost of electricity, water or sublessee of Tenant for losses due to theft or burglaryother services consumed through, or in connection with, the Additional Electrical Equipment). The method of design and installation of any Additional Electrical Equipment (including any related meter) required by Tenant shall be subject to the prior written approval of Landlord and shall be performed by Landlord at Tenant's sole cost (including a charge equal to five percent (5%) of such cost for damages done the review and installation of such Additional Electrical Equipment for administrative cost recovery). Tenant shall pay to Landlord the cost of electricity consumed in excess of the Building Standard Rated Electrical Design Load as determined by unauthorized persons meter, or if not metered, as otherwise reasonably estimated by Landlord, plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Landlord may cause the entire Leased Premises to be separately metered (at Tenant's expense, including, without limitation, the cost of installing, maintaining, repairing and replacing such meters to the extent necessary), in which event Tenant shall pay the actual cost of electricity consumed by Tenant. If the Leased Premises are separately metered, Tenant shall pay the actual cost of electricity consumed by Tenant and the Basic Cost Component set forth in Section 3.2(b)(i) of this Lease shall be reduced by an amount equal to Tenant's pro rata share on a Net Rentable Areas basis of the cost of providing Building Standard electrical service to all areas of the Project leased or held for lease for office or retail purposes (but not to Common Areas, General Common Areas or Service Areas in the BuildingProject) and, consequently, the Base Rental Rate set forth in Section 3.2(a) of this Lease shall also be reduced by an amount equal to Tenant's pro rata share of such costs on a Net Rentable Area basis.
(vi) All Building Standard (defined in Exhibit C-1) fluorescent bulb replacement in all areas of the Project and all incandescent bulb replacement in the Common Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and Service Areas.
(vii) Perimeter access control for the Project during hours other than Building Operating Hours; PROVIDED, HOWEVER, LANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, AND SHALL NOT BE LIABLE TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES DUE TO THEFT OR BURGLARY, OR FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY DONE BY PERSONS GAINING ACCESS TO THE LEASED PREMISES OR THE PROJECT, AND TENANT HEREBY RELEASES LANDLORD FROM ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY LANDLORD'S NEGLIGENCE. Tenant shall cooperate fully in Landlord's efforts to maintain access control in the Building and shall follow all regulations promulgated by Landlord with respect thereto.
(viii) Non-exclusive multiple cab passenger elevator service to the Leased Premises during Building Operating Hours, with passenger elevator service to the Leased Premises by at least one (1) cab twenty-four (24) hours per day, and non-exclusive freight elevator service to the Leased Premises during Building Operating Hours with such freight elevator service available at other times upon reasonable prior notice (however, all of the foregoing shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems). In the event Tenant desires Landlord to provide any of the aforementioned services (including heating and air-conditioning) in amounts in excess of those24 Building Standard Services or in addition to the Building Operating Hours, and in the event Landlord elects provided such services are compatible with existing Building systems, will not compromise Landlord's ability to provide these services to Tenant or other tenants of the Building and are not burdensome to the Project or to Landlord, in Landlord's opinion, and so long as an Event of Default is not in existence, Landlord may elect (but is not required) to provide such excess or additional services, services and Tenant shall pay Landlord as Additional Rent additional rent hereunder the cost of providing these such excess or additional services. Failure , including without limitation, design, metering, installation and operating costs plus a charge equal to five percent (5%) of such costs for administrative cost recovery.
(b) To the extent the services described in Section 4.1(a) require electricity, water, gas, steam or other utility services supplied by public utilities, Landlord's covenants hereunder shall impose on Landlord only the obligation to any extent use its good faith, reasonable efforts to cause the applicable public utilities to furnish the same. Landlord shall not be responsible for, and shall have no liability with respect to, the quality or condition of any services provided by such public utilities.
(c) If any of the above services, services described in Section 4.1(a) or any cessation thereofof the machinery or equipment in the Project should cease to function properly or in accordance with the requirements therefor described in Section 4.1(a), resulting from causes beyond the control of Landlord, break down or be intentionally turned off for testing or maintenance purposes (provided such services shall not render be intentionally turned off for testing or maintenance purposes except in the case of any situation Landlord liable reasonably determines to be an emergency without reasonable prior notice to Tenant, and, in any respect the case of electricity, such electricity shall not be intentionally turned off without seventy-two (72) hours prior notice), Tenant shall have no claim for damages to either person abatement or propertyreduction of Rent or damages, nor shall that event Tenant be relieved of its obligations under this Lease, nor shall such condition be construed as an eviction of Tenant; provided, nor result however, if:
(i) there occurs an interruption in the HVAC, electricity, water or elevator services (the "Essential Services") to the Building or Leased Premises not caused by Tenant (collectively, an abatement "Interruption");
(ii) such Interruption renders more than one thousand (1,000) square feet of RentNet Rentable Area in the Leased Premises Untenantable (defined below); and
(iii) such Interruption continues to render more than one thousand (1,000) square feet of Net Rentable Area in the Leased Premises Untenantable for three (3) consecutive days, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited tothen, the payment of Rent). Should any Rent (including charges for a pro rata portion of the equipment or machinery utilized in supplying Parking Permits applicable to Tenant but only to the services listed herein extent Tenant does not use such Parking Permits) shall xxxxx as to that portion of the Leased Premises that is rendered Untenantable. The abatement shall commence upon the expiration of the third (3rd) day and continue for any cause cease to function properlyso long as the Interruption exists; provided, Landlord shall use reasonable diligence to repair that equipment or machinery promptlyhowever, but if the Interruption renders more than fifty percent (50%) of the Leased Premises Untenantable for one hundred twenty (120) consecutive days, Tenant shall have no the right thereafter to terminate this 20 See Exhibit F AddendumLease during the period such Interruption shall continue to exist, Paragraph 2 21 See Exhibit F Addendumin which event Tenant will be relieved of all obligations arising after such date hereunder. In addition, Paragraph 3 22 Electrical facilities to provide sufficient power if all or any portion of the Leased Premises is rendered Untenantable by reason of Landlord's entry into or occupation of the Leased Premises for the operation purpose of the general banking and office business purposes making repairs required of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in Landlord under this Section 7.02 Lease, and such Untenantability continues after the delivery of written notice to Landlord, then from and after the delivery of such written notice until the cause of such Untenantability is eliminated, (i) Rent (other than Parking Rental) with respect to that portion of the Leased Premises rendered Untenantable shall have no claim xxxxx and (ii) Parking Rental shall xxxxx for a reductionpro rata portion of the Parking Permits then leased by Tenant (such pro rata portion to be equal to the ratio of (A) the Net Rentable Area of the Leased Premises rendered Untenantable, abatement divided by (B) the total Net Rentable Area then leased by Tenant), but only to the extent Tenant does not use such Parking Permits. In consideration of the terms of this Section 4.1(c), Tenant waives all rights Tenant may have at law or rebate in equity, including any rights Tenant may have arising from implied warranties of suitability, to xxxxx Rent or damages on account terminate this Lease under circumstances other than as provided by this Section 4.1(c); and Landlord agrees to use diligent efforts to restore the services described in Section 4.1(a) and to promptly repair said equipment or machinery. In addition, if such Untenantability arises from a casualty or condemnation, then Sections 6.1 and 6.5 shall apply instead of this Section 4.1(c). As used in this Lease, the term "Untenantable" shall mean the condition whereby Tenant is not reasonably able to use the Leased Premises or any interruption portion thereof for the conduct of its business in service occasioned thereby resulting therefrom.25accordance with customary practices of comparable tenants in buildings comparable to the Building.
Appears in 1 contract
Services to be Furnished by Landlord. Provided A. Landlord agrees to furnish Tenant the following services:
(1) Water for use in the lavatories on the floor(s) on which the Premises is not located. If Tenant desires water in default under the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the provisions of this LeasePremises, Tenant, at its sole cost and expense and subject to reimbursement pursuant to Section 4.02 abovethe prior reasonable consent of Landlord, Landlord may install a hot water heater in the Premises. Tenant shall provide be solely responsible for the following services during standard hours maintenance and repair of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdaysany such water heater.
(a2) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central Central heat and air conditioning;20conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are reasonably determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent.
(c3) Routine maintenance, painting Maintenance and electric lighting service for repair of all Common Areas and special service areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;location.
(d4) Janitorial and cleaning service in and about the Premises on a five (5) day week basis, excluding Saturdays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the BuildingBusiness Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord.
(5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease.
(6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(7) Passenger elevator service in common with Landlord and other persons available 24 hours per day, 7 days per week including holidays and freight elevator service in common with the Landlord and other persons during Normal Business Hours.
(8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in any manner for failure of any access personnel, services, procedures or equipment to Tenant or any employeeprevent, invitee, licensee or sublessee of Tenant for losses due to theft or burglarycontrol, or for damages done by unauthorized persons apprehend anyone suspected of causing personal injury or damage in, on or around the Project.
B. If Tenant requests any other utilities or building services in the Building. In the event Tenant desires addition to those identified above, or any of the aforementioned above utilities or building services in amounts in excess of those24 and in frequency, scope, quality or quantities substantially greater than the event standards set by Landlord elects for the Building, then Landlord shall use reasonable efforts to provide these attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant shall pay Landlord as Additional Rent hereunder on the cost same day that the monthly installment of providing these additional services. Failure Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish any of the above servicesfurnish, or any cessation thereofthe interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord, Landlord shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an a constructive eviction of Tenant, nor result in give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement hereof. Should any of the equipment or machinery utilized used in supplying the provision of such services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that such equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25machinery.
Appears in 1 contract
Samples: Office Lease (Wageworks, Inc.)
Services to be Furnished by Landlord. Provided Landlord agrees to furnish Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.following:
(a) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air conditioning;20conditioning in season, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished only upon the request of Tenant delivered to Landlord at any time pursuant to the Building's computerized system for such purposes. Tenant shall bear the entire cost of additional service, as such costs are determined by Landlord from time to time, and shall pay the same as additional Rent upon presentation of a statement therefor by Landlord. The additional air conditioning or chilled water consumption shall be determined as measured by BTU meters and submeters installed and maintained in good order and repair at Tenant's expense.
(cb) Routine maintenance, painting maintenance and electric lighting service for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(dc) Janitorial service on a Janitor service, five (5) day week basisdays per week, excluding Saturdays, Sundays and legal exclusive of normal business holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Tenant;
(f) Initial lamps, bulbs, starters and ballasts used within the Premises; and
(g) Security for the Building; provided, however, Landlord shall not be liable to Tenant if Tenant's floor covering or any employee, invitee, licensee or sublessee of Tenant for losses due to theft or burglary, or for damages done by unauthorized persons in the Building. In the event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional servicesother improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional Rent upon presentation of a statement therefor by Landlord.
(d) Subject to the provisions of Paragraph 12, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(e) All Building Grade fluorescent bulb replacements in the Premises necessary to maintain the lighting provided as a part of the Shell Improvements and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Landlord as Additional Rent hereunder shall provide limited access to the cost Building before and after Normal Business Hours in the form of providing these additional servicesspecial limited access entry cards ("Entry Cards") for Tenant and its employees. Failure by Landlord to any extent to furnish An Entry Card shall not automatically qualify Tenant or any of its employees for an access card to the above services, or any cessation thereof, resulting from causes beyond "Parking Garage" as defined in and pursuant to the control terms of Landlord, shall not render EXHIBIT "F". Landlord liable in any respect for damages agrees to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve provide Tenant from any of Tenant’s obligations hereunder (includingwith up to, but not limited toin excess of, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in service occasioned thereby resulting therefrom.25six
Appears in 1 contract
Services to be Furnished by Landlord. Provided Tenant is not in default (a) So long as no Event of Default exists under any of the provisions of this Lease, and subject Xxxxxxxx agrees to reimbursement pursuant to Section 4.02 above, Landlord shall provide furnish Tenant the following services during standard hours of operation of to the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays.Building Standard:
(a1) Public utilities shall be caused to furnish the Premises with electricity and water utilized in operating any and all facilities serving the Premises;
(b) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning;20conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(e)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar class office buildings within a three (3) mile radius of the Building (not to exceed existing Building design loads/capacity) or as required by governmental authorities (including energy conservation requirements).
(c2) Routine maintenance, painting and electric lighting service maintenance for all Common Areas and special service areas Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard and consistent with the operation and maintenance of the Building as a first-class office building in the Central Business District (CBD) of 21;standard.
(d3) Janitorial service on a service, five (5) day week basisdays per week, excluding Saturdaysexclusive of Normal Business Holidays, Sundays and legal holidays;
(e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided by pursuant to the building standard systemjanitorial schedule as shown on Exhibit K, then attached hereto, at a level comparable to that provided in similar class office buildings within a three (3) mile radius of the Building.
(4) All Building Standard lighting and ballast replacement in the Common Areas and the Service Areas.
(5) Access to the Building during Normal Business Hours and limited access during all other hours through the use of master entry cards and/or keys fobs. Tenant will receive no more than 155 master entry cards and/or key fobs for the Premises. Tenant will reimburse Landlord for the cost of each additional air conditioning installation card and/or key fob and corresponding operating costs for each replacement card and/or key fob and for any card and/or key fob lost by or stolen from Tenant. Xxxxxx agrees to surrender all master entry cards and/or key fobs in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or key fobs will be the separate obligation of the canceled. Landlord will have no liability to Tenant;
(f) Initial lamps, bulbsits employees, starters and ballasts used within the Premises; and
(g) Security for the Building; providedagents, howevercontractors, Landlord shall not be liable to Tenant invitees, or any employee, invitee, licensee or sublessee of Tenant licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the BuildingPremises or on the Complex. Tenant will cooperate fully in Xxxxxxxx's efforts to control access in the Building and will follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit C.
(6) Electricity and proper facilities to furnish (A) Building Standard lighting (which shall be defined as an average load of 0.82 xxxxx per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines and other machines of similar electrical consumption ("Miscellaneous Power"), provided that Tenant's Miscellaneous Power requirements shall not exceed eight (8) xxxxx per square foot of Rentable Area of the Premises, of connected load or 0.82 xxxxx per square foot of Rentable Area of the Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or more separate watt hour meters), or require a voltage greater than 120/208 volts 3 phase or require more than 500 xxxxx for any piece of equipment (the "Building Standard Electrical Design Load").
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant will bear the cost of such heating and air conditioning service at a rate equal to $65 per hour; provided, however, there will be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event Tenant desires any of other tenant within the aforementioned services in amounts in excess of those24 and in same HVAC zone as the Premises also requests after hours heating or air conditioning during the same period as Tenant, Landlord will equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord elects agrees to provide these any additional servicesservices at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out of pocket cost, Tenant shall pay will reimburse Landlord as Additional Rent hereunder for the cost of providing these such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional services. Failure service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord to any extent to furnish any of the above serviceshereunder, or any cessation thereof, resulting from causes beyond the control of Landlord, shall will not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to either person persons or property, nor shall that event be construed as an eviction of Tenant, nor result in work an abatement of Rent, nor relieve Tenant Xxxxxx from fulfillment of any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent)covenant or agreement set forth in this Lease. Should any of the equipment or machinery utilized in supplying the such services listed herein for any cause cease to function properlybe interrupted, Landlord shall will use reasonable diligence to repair that equipment or machinery restore the same promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in this Section 7.02 Lease, and shall will have no claim for a reduction, abatement or rebate of Rent Rent, damages or damages eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding five (5) consecutive Business Days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord will allow Tenant an equitable abatement of Rent (based on the severity of the interruption in and the amount of space unfit for occupancy) effective from the sixth (6th) Business Day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such portion of the Premises is again fit for occupancy and such service occasioned thereby resulting therefrom.25is restored.
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