Common use of Services to be Furnished by Landlord Clause in Contracts

Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant the following services: (i) Water for use in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reason, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. (ii) 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 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 such additional service as such costs are determined by the 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, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (iv) Janitorial and cleaning service in and about the Premises on Business 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. (v) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) 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. (viii) 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. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. 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.

Appears in 1 contract

Samples: Office Lease Agreement (Diamondback Energy, Inc.)

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Services to be Furnished by Landlord. A. Standard Services 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: (i1) Water for use in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterationslocated. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, e.g., including a private lavatory or kitchen, cold water shall be supplied supplied, at Tenant’s sole cost and expense, from the Building water main through a line and fixtures, fixtures installed at Tenant’s sole cost and expense, expense with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, expense and subject to the prior reasonable consent of the Landlord, may install an additional a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot any such water heaters located in the Premisesheater. (ii2) 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 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 by way of the date for which such usage is requestedexisting automated telephonic system. Tenant shall bear the entire cost of additional service at Landlord’s actual cost for such additional service service, without profit to Landlord, as such actual costs are determined by the Landlord, 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, and/or any special needs of the Tenant design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, belowapproval. The Landlord’s actual cost of operation and maintenance of operating or maintaining any such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for Class A office buildings of similar class, age and location. Landlord shall service and maintain in good repair, the roof, foundations, and footings of the Building, the exterior surfaces of the exterior walls of the Building, all exterior glass, sky lights, sky light seals, window seals and vents of the Building, electrical, plumbing, sewer and other utility lines outside the Premises, landscaping, walkways, fencing, parking areas, exterior lighting and exterior surfaces of exterior walls of the Building, and washing of exterior windows, and the structural, electrical and mechanical systems of the Building. (iv4) Janitorial Basic janitorial and cleaning service in and about the Premises on Business 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. (v5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi6) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the building standard lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii7) 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. (viii8) 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. 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. 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. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. Landlord may, but is not obligated to, provide additional services hereunder; provided, however, that if Landlord does provide such extra services, Tenant agrees to allow access pay Landlord a ten percent (10%) administration fee for the provisions of such services. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, 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 causes 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 Landlord’s control, including, without limitation, any utility service provider initiated “bxxxx-out” or “black-out”, shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant for more than three (3) consecutive Business Days, or more than ten (10) Business Days in any ninety (90) day period, then following written notice to Landlord, Base Rent (or an equitable portion of such Base Rent to the Building on a 24-hour per dayextent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, seven (7) days a week basis by use of a security card access system however, that Tenant will be allowed to utilize. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that if Landlord is not warranting diligently pursuing the efficacy repair of any access personnelsuch utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, serviceas for example, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel servicebringing in portable air conditioning equipment, procedures or equipment. Landlord then there shall not be responsible or liable an abatement of Base Rent. The foregoing provisions shall not apply in any manner for failure case of any access personnel, services, procedures or equipment to prevent, controldamage to, or apprehend anyone suspected destruction of, the Premises, which shall be governed by the provisions of causing personal injury or damage in, on or around the ProjectSection 18 of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Epicor Software Corp)

Services to be Furnished by Landlord. A. Standard Services Landlord Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: (i) 1. Water for use in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterationslocated. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, e.g., including a private lavatory or kitchen, cold water shall be supplied supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures, fixtures installed at Tenant’s 's sole cost and expense, expense with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, expense and subject to the prior reasonable consent of the Landlord, may install an additional a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all any such hot water heaters located in the Premisesheater. (ii) 2. Central heat and air conditioning in season during Normal Business Hours, (provided however, Tenant shall be furnished heating and air conditioning on Saturdays only upon Tenant's initiation of the heating and air conditioning system through use of Tenant's security access card), 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 hours other than Normal Business Hours, such additional service central heat, ventilation or air conditioning shall be furnished only to Tenant upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance Tenant's initiation of the date for which such usage is requestedheating and air conditioning system after Normal Business Hours through use of Tenant's security access card. Tenant shall bear pay Landlord, as Additional Base Rental, the entire cost of such additional service as such costs are determined by the Landlord, Landlord from time to 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, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii) 3. Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. (iv) Janitorial and cleaning 4. Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatmentservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation of a statement therefor by LandlordBase Rental. 5. Tenant shall not provide or use any Passenger elevator service in common with 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas tenants of the Premises, on a daily basisBuilding. (v) 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 set forth in Article XI of this Lease. (vi) Fluorescent bulb replacement B. The failure by Landlord to any extent to furnish, or the interruption or termination of, any 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 shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the Premises necessary provision of such services for any cause cease to maintain Building Standard in the lighting as established by function properly, Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areasshall use reasonable diligence to repair such equipment or machinery. (vii) 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. (viii) 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. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. Notwithstanding anything herein to the contrary C. Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide security services, Landlord is shall not warranting be deemed to have warranted the efficacy efficiency of any access security 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 the failure of any access such security personnel, services, procedures or equipment to prevent, prevent or control, or apprehend anyone suspected of causing personal injury injury, property damage or damage any criminal conduct in, on or around the ProjectProperty.

Appears in 1 contract

Samples: Standard Form Office Lease (Ritz Interactive, Inc.)

Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant the following services: (i1) Water for use in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterationslocated. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, e.g., including a private lavatory or kitchen, cold water shall be supplied supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures, fixtures installed at Tenant’s 's sole cost and expense, expense with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, expense and subject to the prior reasonable consent of the Landlord, may install an additional a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot any such water heaters located in the Premisesheater. (ii) 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 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 such additional service as such costs are determined by the 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, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii2) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (iv) Janitorial and cleaning service in and about the Premises on Business 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. (v3) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 11. of this Lease. (vi) Fluorescent bulb replacement B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the Premises necessary to maintain Building Standard above utilities or building services in frequency, scope, quality or quantities substantially greater than the lighting as established standards set by Landlord and fluorescent and incandescent bulb and ballast replacement in for the Common Areas and Service AreasBuilding, 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, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. (vii) Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with C. Except as otherwise expressly provided herein, 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. (viii) 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 failure by Landlord with respect thereto. Landlord agrees to allow access any extent to furnish, or the Building on a 24-hour per dayinterruption or termination of these defined services in whole or in part, seven (7) days a week basis by use resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of a security card access system that Tenant will be allowed to utilize. 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 render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery. D. The Landlord shall have the roof of the Premises repaired and resealed, where necessary, in a good and workmanlike manner before November 1, 2000. In addition, the Landlord shall be responsible for failure all repairs for the roof not caused by Tenant throughout the term of any access personnelthe Lease. E. The Landlord shall warrant that all of the roof top HVAC units for the Premises shall be operational and in good working order prior to Tenant's occupancy of the Premises. However, services, procedures or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around Tenant shall maintain the ProjectHVAC units as required per this Lease.

Appears in 1 contract

Samples: Short Term Lease Agreement (Intelliready Inc /Co/)

Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant the following services: (i1) Water for use in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterationslocated. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, e.g., including a private lavatory or kitchen, cold water shall be supplied supplied, at Tenant’s sole cost and expense, from the Building water main through a line and fixtures, fixtures installed at Tenant’s sole cost and expense, expense with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, expense and subject to the prior reasonable consent of the Landlord, may install an additional a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot any such water heaters located in the Premisesheater. (ii2) 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 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 such additional service as such costs are determined by the Landlord, 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, and/or any special needs of the Tenant design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, belowapproval. The cost of operation and maintenance of such additional the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (iv4) Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s '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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. (v5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 11. of this Lease. (vi6) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii7) 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. (viii) 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 's efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. 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. 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. Landlord may impose a reasonable charge for such additional utilities or building services, 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 failure by Landlord to any extent to furnish, 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 causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery.

Appears in 1 contract

Samples: Office Lease

Services to be Furnished by Landlord. A. Standard Services Landlord Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: (i) Water 1. Hot and cold water for use in the lavatories on the floor(s) floor on which the Premises is located and to any fixtures included as part of the Initial Alterationslocated, with hot water provided during normal Business Hours only. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, e.g., including a private lavatory or kitchen, cold water shall be supplied supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures, fixtures installed at Tenant’s 's sole cost and expense, expense with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, expense and subject to the prior reasonable consent of the Landlord, may install an additional a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all any such hot water heaters located in the Premisesheater. (ii) 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 service at times other than Normal Business Hours, such additional service shall be is not 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 such additional service as such costs are determined by the Landlord, from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating Should Landlord be requested to provide central heat and air conditioning required conditioning, all costs, including, but not limited to, installation, repair, maintenance, utilities (if anyi.e. gas, water, electricity) to accommodate Tenant’s design, and/or any special needs of the Tenant shall be installed at Tenant's sole expense. If Tenant desires to utilize the base building HVAC System and/or the 24-hour cooling system central plants, all services, including, but not limited to repair, maintenance, utilities or installation shall be metered and/or calculated by Landlord to identify the costs associated with such service for reimbursement to Landlord, together with a reasonable and customary overhead charge and fee to Landlord or its agent as reasonably determined by Landlord from time to time. Temperatures and hours of operation within the Premises shall be at Tenant's discretion. Temperatures and hours of operation within the building core/public space shall be at the building standard temperatures and hours. At the option of Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions , maintenance and/or repair of Section 10, below. The cost of operation and maintenance of such additional Tenant's special equipment by Landlord shall be the responsibility of the Tenant and paid available at a reasonable fee to be determined by Landlord as Additional Rentupon request. (iii) 3. Maintenance and repair of the roof and exterior walls of the Building, and all Common Areas (inclusive of structural elements thereof) in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. However, in no event shall Landlord be obligated to make any repairs or maintenance caused by reason of any of Tenant's equipment or other installations installed, placed or located on the roof, or to any exterior wall or structural element caused by any act or omission of Tenant or any agent, employee or contractor of Tenant. (iv) Janitorial and cleaning service in and about the Premises on Business 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 Landlord4. 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 furnish at Tenant’s its sole cost and responsibility expense janitor service (char and by a janitorcleaning) for the Premises from its own service contractor, cleaning contractor or employees at all times satisfactory Tenant's option from Landlord's contractor. Landlord shall retain the right to Landlord. Tenant approve the particular service contractor, which approval shall not be responsible for thoroughly cleaning any cooking and service areas of the Premisesunreasonably withheld, on a daily basisconditioned or delayed. (v) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) 5. Passenger elevator service in common with other tenants of the Building. 6. Existing 500 AMP service at Landlord's electrical vault, with Tenant responsible for all consumption and hook-up charges for such service. B. The failure by Landlord to any extent to furnish, or the interruption or termination of, any services in whole or in part, resulting from adherence to laws, regulations and other persons during Normal Business Hours and freight elevator service administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in common with any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord and other persons during Normal Business Hoursshall use reasonable diligence to repair such equipment or machinery. Such normal elevator serviceNotwithstanding the foregoing, passenger or freight, if furnished at other times, in the event the Premises shall be optional with Landlord and shall never be deemed a continuing obligation. without electricity (viii) Access control to the Building during other than Normal Business Hours i.e. there shall be provided no power within the Premises) by reason of matters within the control of Landlord for more than fifteen (15) consecutive days, and if as a result thereof Tenant shall suspend using the Premises for the conduct of its business operations, then and in such form event as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts the sole and exclusive remedy available to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Tenant, Landlord agrees to allow access to abatx Xxxe Rental and Additional Base Rental for the Building on a 24-hour per day, seven (7) days a week basis by use period of a security card access system that Tenant will be allowed to utilize. Notwithstanding anything herein to the contrary time during which such failure shall continue. C. Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide a lobby attendant or security services, Landlord is shall not warranting be deemed to have warranted the efficacy efficiency of any access lobby attendant, security 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 the failure of any access such security personnel, services, procedures or equipment to prevent, prevent or control, or apprehend anyone suspected of causing personal injury injury, property damage or damage any criminal conduct in, on or around the ProjectProperty.

Appears in 1 contract

Samples: Office Lease Agreement (Universal Access Inc)

Services to be Furnished by Landlord. A. Standard Services Landlord Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: (i) 1. Water for use in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterationslocated. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, e.g., including a private lavatory or kitchen, cold water shall be supplied supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures, fixtures installed at Tenant’s 's sole cost and expense, expense with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, expense and subject to the prior reasonable consent of the Landlord, may install an additional a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all any such hot water heaters located in the Premisesheater. (ii) 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 service at times hours other than Normal Business Hours, such additional service 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. P.M. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear pay Landlord, as Additional Base Rental, the entire cost of such additional service as such costs are determined by the Landlord, Landlord from time to 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, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii) 3. Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. (iv) Janitorial and cleaning 4. Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatmentservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation of a statement therefor by LandlordBase Rental. 5. Tenant shall not provide or use any Passenger elevator service in common with 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas tenants of the Premises, on a daily basisBuilding. (v) 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 set forth in Article XI of this Lease. (vi) Fluorescent bulb replacement B. The failure by Landlord to any extent to furnish, or the interruption or termination of, any 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 shall not fender Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the Premises necessary provision of such services for any cause cease to maintain Building Standard in the lighting as established by function properly, Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areasshall use reasonable diligence to repair such equipment or machinery. (vii) 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. (viii) 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. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. Notwithstanding anything herein to the contrary C. Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide security services, Landlord is shall not warranting be deemed to have warranted the efficacy efficiency of any access security 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 the failure of any access such security personnel, services, procedures or equipment to prevent, prevent or control, or apprehend anyone suspected of causing personal injury injury, property damage or damage any criminal conduct in, on or around the ProjectProperty.

Appears in 1 contract

Samples: Office Lease (Symbion Inc/Tn)

Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant with the following services: : (i1) Water service for use in the lavatories on the floor(s) each floor on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reason, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. are located; (ii2) Central heat Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts accordance with the specifications attached hereto as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, Exhibit F or otherwise as required by governmental authority. In Tenant, upon such advance notice as is reasonably required by Landlord, shall have the event that Tenant requires central heat, ventilation or air conditioning right to receive HVAC service at times during hours other than Normal Business Hours, such . Tenant shall pay Landlord the standard charge for the additional service shall be furnished only upon the written request of Tenant delivered as reasonably determined by Landlord from time to Landlord prior to 3:00 p.m. at least one Business Day in advance time. As of the date hereof, Landlord’s charge for which such usage is requested. Tenant shall bear the entire cost of such additional service as such costs are determined by the Landlord, from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating after hours heating and air conditioning required (if any) to accommodate Tenant’s designservice is $45 per hour, and/or any special needs of the Tenant shall be installed at the Tenant’s expense per floor, subject to Landlord’s prior written approval in accordance with the provisions of Section 10, belowchange from time to time. The cost minimum period of operation and maintenance of such additional equipment shall be the responsibility of the time for which Tenant and paid to Landlord as Additional Rent. may request after hours HVAC service is 2 hours; (iii3) Maintenance and repair of all Common Areas the Property as described in Section IX.B.; (4) Janitor service on Business Days in accordance with the manner and to the extent cleaning specifications attached hereto as Exhibit G, or such other reasonably deemed comparable specifications designated by Landlord from time to be standard for buildings of similar class, age and location. (iv) Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if time. If Tenant’s use, floor covering or other improvements require special treatmentservices in excess of the standard services for the Building, 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. special services; (v5) 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 Section 11 cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system in accordance with the specifications attached hereto as Exhibit H (8) Access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this LeaseLease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards, and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord’s failure to furnish, or any interruption or termination of, 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 (via “Service Failure”) Fluorescent bulb replacement in shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the Premises necessary obligation to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) 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 Hoursfulfill any covenant or agreement. Such normal elevator service, passenger or freightHowever, if furnished at other timesthe 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 optional with Landlord entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and shall never be deemed a continuing obligation. (viii) Access control to ending on the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriateday the service has been restored. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to If the Building and shall follow all regulations promulgated entire Premises has not been rendered untenantable by Landlord with respect thereto. Landlord agrees to allow access to the Building on a 24-hour per dayService Failure, seven (7) days a week basis by use the amount of a security card access system that Tenant will be allowed to utilize. 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 abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not relying and used by Tenant. In no event, however, shall not hereafter rely on Landlord be liable to Tenant for any such loss or damage, including the theft of Tenant’s Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel service, procedures or equipment. Notwithstanding the foregoing, if a Service Failure is reasonably within the control of Landlord and (a) continues for 120 consecutive days after the Service Failure and (b) is not being diligently remedied by Landlord, then Tenant, as its sole remedy, shall have the right to elect to terminate this Lease within 10 days after the expiration of said 120 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the service, Tenant shall not be responsible entitled to terminate the Lease but rather Tenant’s sole remedy shall be to xxxxx Rent as provided above. The foregoing termination right shall not apply if the Service Failure is due to fire or liable other casualty. Instead, in any manner for failure such an event, the terms and provisions 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 ProjectArticle XVII shall apply.

Appears in 1 contract

Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Services to be Furnished by Landlord. A. Standard Services Landlord Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services: (i) Water 1. Cold water at those points of supply provided for general use of tenants in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reasonBuilding, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. (ii) Central central heat and air conditioning in season during in accordance with the specifications attached hereto as Exhibit G, or as required by governmental authority; provided, however, heating and air conditioning service at times other than Normal Business HoursHours for the Building shall be available to Tenant, on a per floor basis, by means of a Electronic Security Card Key system, based on a two hour minimum at the initial rate of $30.00 per hour. Such $30.00 per hour rate shall be subject to rate adjustments from time to time in direct proportion to T.U. Electric (or such temperatures and in such amounts as are considered by other utility company supplying electricity to the Building) rate adjustments to the Building. 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. 2. Routine maintenance and electric lighting service for all Common Areas of the Building in its reasonable judgment, the manner and to the extent deemed by Landlord to be standard for buildings of similar class, size, age and location, or as required by governmental authority. 3. In the event that Tenant requires central heat, ventilation or air conditioning Janitor service at times other than Normal on 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 such additional service as such costs are determined by the 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, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval Days in accordance with the provisions of Section 10specifications attached hereto as Exhibit H, below. The cost of operation and maintenance of or such additional equipment shall be the responsibility of the Tenant and paid to other comparable specifications as Landlord as Additional Rent. (iii) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (iv) Janitorial and cleaning service in and about the Premises on Business Daysmay specify; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatmentservices, 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 cleaning cost reasonably attributable thereto as Additional additional Rent upon presentation of a statement statements therefor by Landlord. Tenant Landlord shall not provide or use any other janitorial or cleaning services without Landlord’s consent, clean and then only subject to maintain the supervision of Landlord entrance lobby and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. Tenant shall be responsible for thoroughly cleaning any cooking and service public areas of the PremisesBuilding and Parking Garage in a manner suitable for first class office buildings in Dallas, on a daily basisTexas. (v) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) Passenger elevator 4. Elevator service in common with Landlord other tenants of the Building for ingress and other persons during Normal Business Hours egress to and freight elevator service in common with from the Landlord and other persons floor of the Premises during Normal Business Hours. 5. Such Clean the exterior windows of the Premises at least twice a year. B. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the 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 shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service or resulting therefrom. Landlord's entire obligation with respect to the repair and maintenance of the Premises are set forth above. 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, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or 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 in the normal elevator servicecourse of its business) and Tenant in fact ceases to use the Premises, passenger or freightmaterial portion thereof, if furnished at other timesthen, Tenant's sole remedy for such cessation shall be optional as follows: on the first (1st) 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 Landlord an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall never be deemed abated on a continuing obligationper diem basis 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. (viii) Access control C. The Building will include a security system restricting access after normal business hours to the Building during other than Normal Business Hours to only those tenants of the Building using magnetic coded cards and restricting access via the elevators to Tenant's exclusive floors within the Building to only those persons using magnetic coded cards issued to persons authorized by Tenant. Magnetic coded entry cards shall be provided issued to Tenant's employees without charge to Tenant or its employees; however, Landlord may charge to Tenant the reasonable cost of reissuing replacements for lost or damaged cards. Landlord shall furnish to Tenant monthly (unless sooner requested in such form as Landlord deems appropriate. Tenant shall cooperate fully in the event of a breach of security), at Landlord’s efforts to maintain access control 's actual cost, if any, a computer printout of the log showing by card numbers the date and time of entry by persons to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Landlord agrees to allow Leased Premises during those hours when access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilizePremises is restricted. Notwithstanding anything herein to the contrary contrary, Tenant expressly acknowledges and agrees that Landlord is shall not warranting be deemed to have warranted the efficacy efficiency of any access such security 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 the failure of any access such security personnel, services, procedures or equipment to prevent, prevent or control, or apprehend anyone any one suspected of causing personal injury or property damage in, on or around the ProjectProperty. Upon receipt of notice from Tenant, with respect to a malfunction of the security system, Landlord, as part of Basic Costs, shall promptly take whatever action is reasonably necessary to correct such malfunction in the security system.

Appears in 1 contract

Samples: Office Lease (Diversified Corporate Resources Inc)

Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant with the following services: (i1) Water service for use in the lavatories on the floor(s) each floor on which the Premises is are located and to any fixtures included as part of for the Initial Alterations. If Tenant desires additional water kitchen pantry area located in the Premises for any reason, as approved in writing by and constructed under the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. Workletter; (ii2) Central heat 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 comparable buildings of similar class, size, age and location, or as required by governmental authority. In Tenant, upon such advance notice as is reasonably required by Landlord, shall have the event that Tenant requires central heat, ventilation or air conditioning right to receive HVAC service at times during hours other than Normal Business Hours, such . Tenant shall pay Landlord the standard charge for the additional service shall be furnished only upon the written request of Tenant delivered as reasonably determined by Landlord from time to Landlord prior to 3:00 p.m. at least one Business Day in advance time. As of the date hereof, Landlord's charge for which such usage after hours HVAC service is requested. Tenant shall bear the entire cost of such additional service as such costs are determined by the Landlord, from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required $28.68 per hour per floor; (if any) to accommodate Tenant’s design, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii3) Maintenance and repair of all Common Areas the Property as described in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. Section IX.B.; (iv4) Janitorial and cleaning Janitor service in and about the Premises on Business Days; provided, howeverwhich janitor services shall be consistent with services provided in other similar class buildings in the Perimeter Center area in Atlanta, if Georgia. If Tenant’s 's use, floor covering or other improvements require special treatmentjanitorial services in excess of the standard services for the Building, 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. special services; (v5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Leasein Article X; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord's failure to furnish, or any interruption or termination of, 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 (via "Service Failure") Fluorescent bulb replacement in shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the Premises necessary obligation to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) 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 Hoursfulfill any covenant or agreement. Such normal elevator service, passenger or freightHowever, if furnished at other timesthe 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 optional with Landlord entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and shall never be deemed a continuing obligation. (viii) Access control to ending on the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriateday the service has been restored. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to If the Building and shall follow all regulations promulgated entire Premises has not been rendered untenantable by Landlord with respect thereto. Landlord agrees to allow access to the Building on a 24-hour per dayService Failure, seven (7) days a week basis by use the amount of a security card access system that Tenant will be allowed to utilize. 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 abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not relying and used by Tenant. In no event, however, shall not hereafter rely on Landlord be liable to Tenant for any such personnel serviceloss or damage, procedures including the theft of Tenant's Property (defined in Article XV), arising out of or equipment. Landlord shall not be responsible or liable in any manner for connection with the failure of any access personnel, security services, procedures personnel or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Projectequipment.

Appears in 1 contract

Samples: Office Lease Agreement (Interliant Inc)

Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant with the following services: : (i1) Water service for use in the lavatories on the floor(s) each floor on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reason, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. are located; (ii2) Central heat 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 comparable buildings of similar class, size, age and location, or as required by governmental authority. In Tenant, upon such advance notice as is reasonably required by Landlord, shall have the event that Tenant requires central heat, ventilation or air conditioning right to receive HVAC service at times during hours 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 pay Landlord the entire cost of such standard charge for the additional service as such costs are reasonably determined by the Landlord, Landlord from time to 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, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii3) Maintenance and repair of all Common Areas the Property as described in Section IX.B.; (4) Janitor service on Business Days substantially in accordance with the manner Janitorial Specifications set forth on Exhibit G attached hereto and made a part hereof, provided that Landlord reserves the right to change the level of janitorial service provided to the extent reasonably deemed Building and the Premises from time to time so long as the service provided by Landlord to be standard for is consistent with the level of janitorial service typically provided at other first class office buildings of similar classin downtown San Francisco, age and location. (iv) Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if California. If Tenant’s use, floor covering or other improvements require special treatmentservices in excess of the standard services for the Building, 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. special services; (v5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord Article X; and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) 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. (viii) 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. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilizesuch other services as Landlord reasonably determines are necessary or appropriate for the Property. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide security services, Landlord is shall not warranting be deemed to have warranted the efficacy efficiency of any access security 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 the failure of any access such security personnel, services, procedures or equipment to prevent, prevent or control, or apprehend anyone suspected of causing personal injury injury, property damage or damage any criminal conduct in, on or around the ProjectProperty. As of the date of this Lease, Landlord currently provides security to the Building on a 24 hour/7 day per week basis, subject to change. B. Landlord’s failure to furnish, or any interruption or termination of, 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 (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, 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 Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment.

Appears in 1 contract

Samples: Office Lease Agreement (Brightmail Inc)

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Services to be Furnished by Landlord. A. Standard Services Landlord agrees shall provide to furnish Tenant, at no additional or separate charge to Tenant, for the services listed in this Paragraph 7, the level and quality of services typically provided by landlords of buildings of the same quality as the Building within a radius of two miles of the Building and Tenant the following servicesshall 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. Charges for additional services shall not exceed Landlord's reasonable charges. The services Landlord is obligated to provide shall include: (ia) Water Hot and cold water at those points of supply provided for general use of tenants in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reasonBuilding, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. (ii) Central central heat and air conditioning in season during Normal Business Hoursseason, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, Landlord to be standard for comparable buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat; provided, ventilation or however, heating and air conditioning service at times other than for Normal Business Hours, such additional service 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 such additional service as such costs are determined by the Landlord, Landlord from time to 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, and/or any special needs of the Tenant shall have the right to install separate HVAC equipment, which will be installed at separately metered and paid by Tenant. The current after hours rate for HVAC is $49.00 per hour, with a two hour minimum, during the Tenant’s expense Lease Term. This rate is subject to change due to changes in electricity rates charged to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iiib) Maintenance Routine maintenance and repair of electric lighting service for all Common Areas and 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 locationstandard. (ivc) Janitorial and cleaning Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s 's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent 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 . (d) Subject to the supervision provisions of Landlord Paragraph 11 hereof, facilities to provide all electrical current required by Tenant in its use and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. Tenant shall be responsible for thoroughly cleaning any cooking and service areas occupancy of the Premises, on a daily basis. (ve) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent 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" as a part of the Building Standard in the lighting as established by Landlord Materials and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (viif) Passenger elevator service in common with Landlord elevators for ingress and other persons egress to and from the floor of the Premises during Normal Business Hours and freight with at least one passenger elevator service in common with the Landlord and other persons during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished available at all other times, shall be optional with Landlord and shall never be deemed a continuing obligation. (viiig) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriateappropriate 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 limiting 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. Tenant shall cooperate fully in Landlord’s 's efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Landlord agrees . (h) Access to allow access Landlord's delivery docks, if any, for use only during the construction of the Tenant Improvements (as hereinafter defined), subject to the Building on a 24-hour per day, seven (7) days a week basis by Landlord's rules and regulations regarding use of a security card access system that Tenant will be allowed the delivery docks and subject to utilizeLandlord's prior written approval of Tenant's proposed use of the delivery docks. Notwithstanding anything herein Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the contrary Tenant expressly acknowledges interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and agrees that administrative orders, FORCE MAJEURE or any other causes beyond the reasonable control of 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 render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery but, except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of rent or damages on any such personnel serviceaccount of an interruption in service thereby or resulting therefrom. Except as expressly provided herein, procedures or equipment. Landlord shall not be responsible required to make any repairs to or liable in maintain the Premises. However, if services are interrupted or abated for any manner for failure of any access personnel, services, procedures or equipment to prevent, controlreason, or apprehend anyone suspected if Landlord interferes with Tenant's operations as a result of causing personal injury the exercise by Landlord of its right to enter into the Premises, or damage inperform 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 or around a pro rata basis based on the Projectamount 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.

Appears in 1 contract

Samples: Office Lease Agreement (Objectspace Inc)

Services to be Furnished by Landlord. A. Standard Services As part of Basic Costs (except as otherwise provided), Landlord agrees shall, at all times during the Lease Term, furnish to furnish Tenant and the Premises the following services:services (the "Building Services"): (i) Water for use in the lavatories on the floor(s) on which the Premises is located 1. Hot and cold water to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reasonlavatory, approved in writing by the Landlordbreak room, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expensedrinking, and subject cleaning purposes to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance existing plumbing systems and repair of all hot water heaters located in the Premisesthose reflected and detailed as Landlord Work. (ii) 2. Central heat and air conditioning in season and heating 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 classclass and size in downtown Saint Petersburg, size, age and locationFlorida, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times hours other than Normal Business Hours, such additional service 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 4:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear pay Landlord, as Additional Base Rental, the entire cost of such additional service as such costs are determined by the Landlord, Landlord from time-to-time to time, as Additional Rent which determination shall be based upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design, and/or any special needs the actual cost of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rentservices so provided. (iii) 3. Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and locationAreas. (iv) 4. Janitorial and cleaning service in and about the Premises on Business DaysDays in accordance with the janitorial specifications attached as Exhibit G; provided, however, if Tenant’s 's use, floor covering or other improvements improvements, require special treatmentservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation of a statement therefor by LandlordBase Rental. 5. Tenant shall not provide or use any Passenger elevator service in common with 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas tenants of the Premises, on a daily basisBuilding. (v) 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 set forth in Article XI of this Lease. (vi) Fluorescent bulb replacement in 7. Emergency lighting system throughout the Premises necessary building to maintain Building Standard in the lighting as established extent required by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areasapplicable code. (vii) Passenger elevator service in common with Landlord 8. Customary 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. (viii) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriatereasonable pest control. Tenant shall cooperate fully in Landlord’s efforts to maintain access comply with reasonable preventative pest control to the Building and shall follow all regulations measures promulgated by Landlord. The failure by Landlord with to any extent to furnish, or the interruption or termination of, any 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 shall not render Landlord liable in any respect theretonor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord agrees shall use reasonable diligence to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilizerepair such equipment or machinery. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide security services, Landlord is shall not warranting be deemed to have warranted the efficacy efficiency of any access security 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 the failure of any access such security personnel, services, procedures or equipment to prevent, control, prevent or control or apprehend anyone suspected of causing personal injury property damage or damage any criminal conduct in, on or around the ProjectProperty.

Appears in 1 contract

Samples: Office Lease Agreement (Republic Bancshares Inc)

Services to be Furnished by Landlord. A. Standard Services Landlord Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: (i) 1. Water for use in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterationslocated. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, e.g., including a private lavatory or kitchen, cold water shall be supplied supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures, fixtures installed at Tenant’s 's sole cost and expense, expense with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, expense and subject to the prior reasonable consent of the Landlord, may install an additional a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all any such hot water heaters located in the Premisesheater. (ii) 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 service at times hours other than Normal Business Hours, such additional service 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. P.M. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear pay Landlord, as Additional Base Rental, the entire cost of such additional service as such costs are determined by the Landlord, Landlord from time to 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, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii) 3. Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. (iv) Janitorial and cleaning 4. Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatmentservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation of a statement therefor by LandlordBase Rental. 5. Tenant shall not provide or use any Passenger elevator service in common with 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas tenants of the Premises, on a daily basisBuilding. (v) 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 set forth in Article XI of this Lease. (vi) Fluorescent bulb replacement B. The failure by Landlord to any extent to furnish, or the interruption or termination of, any 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 shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the Premises necessary provision of such services for any cause cease to maintain Building Standard function properly, Landlord shall use reasonable diligence to repair such equipment or machinery. Notwithstanding anything to the contrary contained in this Section VII.B., if: (i) Landlord ceases to furnish any service in the lighting Building for a period in excess of five (5) consecutive days after Tenant notifies Landlord of such cessation (the "Interruption Notice"); (ii) such cessation does not arise as established a result of an act or omission of Tenant; (iii) such cessation is not caused by Landlord 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 fluorescent and incandescent bulb and ballast replacement (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 in the Common Areas normal course of its business) and Service Areas. (vii) Passenger elevator service Tenant in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with fact ceases to use the Landlord and other persons during Normal Business Hours. Such normal elevator servicePremises, passenger or freightmaterial portion thereof, if furnished at other timesthen Tenant, as its sole remedy, shall be optional with Landlord entitled to receive an abatement of Base Rental payable hereunder during the period beginning on the sixth (6th) 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 never be deemed a continuing obligationprorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant. (viii) 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. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. Notwithstanding anything herein to the contrary C. Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide security services, Landlord is shall not warranting be deemed to have warranted the efficacy efficiency of any access security 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 the failure of any access such security personnel, services, procedures or equipment to prevent, prevent or control, or apprehend anyone suspected of causing personal injury injury, property damage or damage any criminal conduct in, on or around the ProjectProperty.

Appears in 1 contract

Samples: Office Lease (United States Exploration Inc)

Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant with the following services: (i1) Water service for use in the lavatories and other appropriate facilities approved by Landlord and installed by Tenant where water service is needed on the floor(s) each floor on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reason, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. are located; (ii2) Central heat 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 comparable buildings of similar class, size, age and location, 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. The standard charge for additional after-hours ventilation and air conditioning shall be determined by adding Landlord's actual out-of-pocket costs to operate such after-hours equipment, plus a reasonable charge to cover the depreciation and amortization of the equipment used, plus a reasonable administrative surcharge. As of the date hereof, Landlord's current charge for after-hours ventilation is $20.00 per hour per zone and $80.00 per hour for each full floor, subject to change from time to time. As of the date hereof, Landlord's current charge for after-hours air conditioning is $65.00 per hour per zone and $260.00 per hour for each full floor, subject to change from time to time. In the event that Tenant requires central heat, ventilation heat or air conditioning service at times during hours other than Normal Business Hours, charges for such services will be prorated by Landlord between each requesting user-tenant (if more than one tenant in the same service zone requests additional service heating or air conditioning at the same time) and the proration 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 such additional service as such costs are determined by dividing the Landlordcost per zone by the number of tenants requesting after hours service in a particular zone, from time-to-time, as Additional Rent upon presentation after adjusting for their respective periods of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required use; (if any) to accommodate Tenant’s design, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii3) Maintenance and repair of all Common Areas the Project as described in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (iv) Janitorial and cleaning service in and about the Premises on Business 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. (v) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) 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. (viii) 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. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. 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.IX.B.;

Appears in 1 contract

Samples: Office Lease Agreement (Omnisky Corp)

Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant the following services: (ia) Water Hot and cold water at those points of supply provided for general use of other tenants in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reasonBuilding, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. (ii) Central central heat and air conditioning in season during Normal Business Hoursseason, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, Landlord to be standard for provided in first class office buildings of similar class, size, age and location, within the North Dallas Tollway/Plano submarket or as required by governmental authority. In the event that Tenant requires central heat, ventilation or provided, however, heating and air conditioning service at times other than for "Normal Business Hours" for the Building (which are 7:30 a.m. through 6:00 p.m. on Mondays through Fridays, such additional service and 7:30 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 one Business Day in advance of the date for which such usage is requestedpm. Tenant shall bear the entire estimated cost of such additional service as such costs are determined by for the 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, and/or any special needs floor of the Premises requiring additional services, which cost to Tenant is currently billed at $35.00 per hour. Such amount shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance invoiced by Landlord with the provisions monthly Electric Service Billing. Normal business holidays shall, for purposes of Section 10this Lease, below. The cost be deemed to be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Good Friday, Christmas Day, and any other holidays commonly observed by landlords of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rentcomparable buildings. (iiib) Maintenance Routine maintenance and repair of repair, including, without limitation, window washing, plumbing repairs, carpet cleaning, touch up painting, and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard customary for first class buildings of similar class, age and locationin the Dallas North Tollway/Plano sub-market. (ivc) Janitorial and cleaning service in and about the Premises on Business DaysJanitor service, five (5) times weekly, exclusive of normal business holidays; provided, however, if Tenant’s 's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent 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 . (d) Subject to the supervision provisions of Landlord Paragraph 7, facilities to provide all electrical current required by Tenant in its use and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. Tenant shall be responsible for thoroughly cleaning any cooking and service areas occupancy of the Premises, on a daily basis. (ve) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent All Building Standard fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (viif) 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 serviceElevator Service twenty-four (24) hours a day, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed seven (7) days a continuing obligationweek. (viiig) Access control Security in the form of limiting the general public's access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate, which will include a controlled access entry Initials: SK ------ system, such as a "cardex," keypad or similar system. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises, the Building or the Property, except in the event of liabilities or damage arising solely as a result of Landlord's gross negligence or willful misconduct in connection with providing security, and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s 's efforts to maintain access control to security in the Building and shall follow all regulations promulgated by Landlord with respect thereto. The failure by Landlord agrees to allow access any extent to furnish or the Building on a 24-hour per dayinterruption or termination of these defined services in whole or in part, seven (7) days a week basis by use resulting from causes beyond the reasonable control of a security card access system that Tenant will be allowed to utilize. 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 render Landlord liable in any manner respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof; provided, however, Base Rental and any additional rent due for Operating Expenses and Electrical Service shall be abated pro rata, if any failure to furnish or interruption or termination of such major services that renders the Premises untenantable shall continue for a period of five (5) business days or longer. Should any access personnelof the equipment or machinery used in the provision of such services for any cause cease to function properly for any cause, services, procedures Tenant shall have no claim for offset or equipment to prevent, control, abatement of rent or apprehend anyone suspected damages on account of causing personal injury an interruption in service occasioned thereby or damage in, on or around the Projectresulting there from.

Appears in 1 contract

Samples: Office Lease Agreement (Interphase Corp)

Services to be Furnished by Landlord. A. Standard Services Landlord agrees herein, to furnish Tenant the following services: (i) Water Tenant: refrigerated water at those points of supply provided for general use of tenants in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reason, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. (ii) Central heat Building; and air conditioning at such times as Landlord normally furnishes air conditioning to all other tenants in season during Normal Business Hours, the Building and at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, Landlord to be standard for buildings of similar class, size, age standard. Air conditioning services shall be furnished Monday thru Friday from 8:00 a.m. to 7:00 p.m. and location, or as required by governmental authority. In the event that on Saturdays from 8:00 a.m. to 12:00 p.m. If Tenant requires central heat, ventilation or wishes air conditioning service at times to be rendered on days or hours other than Normal Business Hoursthose when regular air conditioning service is to be furnished, 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 7:00 P.M. and 8:00 A.M. on Sundays or holidays. Landlord shall notify Tenant if it shall be able to furnish said service and, the rate which will be charged. If Tenant agrees, Landlord shall furnish the 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. and Tenant shall bear pay the entire cost of such additional service as such costs are determined by the Landlord, from time-to-time, as Additional Rent charge quoted upon presentation of a statement therefor an invoice therefor. Elevator service will be available at all times. Janitor service will be furnished by Landlord. All additional heating, ventilating at Landlord's cost to the Premises and air conditioning required (if any) to accommodate Tenant’s design, and/or any for all public and special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (iii) Maintenance and repair of all Common Areas service areas in the manner and to the reasonable extent reasonably 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 customary for buildings of similar classtenants, age and location. (iv) Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require which requires 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 circuits 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. (v) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) 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 timesequipment, shall be optional with Landlord and shall never paid for by Tenant as additional rent in an amount to be deemed a continuing obligation. (viii) Access control to determined by Landlord's estimated cost of such abnormal current consumption based on the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriateapplicable prevailing rate classification published by the electric power company. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated Failure by Landlord with respect thereto. to any extent to furnish, or any stoppage of the services described above resulting from causes beyond the control of Landlord agrees to allow access to or after default by Tenant of the Building on a 24-hour per daykind described in Paragraph 21 hereof, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. 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. render Landlord shall not be responsible or liable in any manner respect for failure damages to either person or property, nor be construed as an eviction of Tenant, nor work as an abatement of rent, nor relieve Tenant from fulfillment of any access personnelcovenant or agreement under this Lease. Should any equipment or machinery cease to function properly for any reason, services, procedures Landlord shall use reasonable diligence to repair the same promptly but Tenant shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom 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 to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the ProjectPremises.

Appears in 1 contract

Samples: Office Lease Agreement (American Community Properties Trust)

Services to be Furnished by Landlord. A. Standard Services Landlord Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following servicesservices in order to operate and maintain the Building in a first class manner: (i) Water 1. Cold and hot water at those points of supply provided for general use of tenants in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reasonBuilding, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at Tenant’s sole cost and expense, with the prior reasonable consent of Landlord. If Tenant desires additional hot water fixtures in the Premises, Tenant, at its sole cost and expense, and subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of all hot water heaters located in the Premises. (ii) Central central heat and air conditioning in season during Normal Business Hoursseason, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, Landlord 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; provided, ventilation or however, heating and air conditioning service at times other than for Normal Business Hours, such additional service 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 bear pay Landlord, upon demand as additional rent, the entire cost of such additional service as such costs are determined by Landlord from time to time. Cost increases for additional service shall reflect Landlord's increased costs of providing such services. As of the date hereof, Landlord, from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating 's charge for after hours heating and air conditioning required (if any) to accommodate Tenant’s design, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rentis $45.00 per hour per floor. (iii) Maintenance 2. Routine maintenance and repair of electric lighting service for all Common 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 location. (iv) Janitorial and cleaning 3. Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatmentservices, 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 cleaning cost reasonably attributable thereto as Additional additional Rent upon presentation of a statement statements therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, Landlord specifically acknowledges 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basisagrees that Building Standard quality improvements will require no special services. (v) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (vi) Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (vii) Passenger elevator 4. Elevator service in common with Landlord other tenants of the Building for ingress and other persons during Normal Business Hours egress to and freight elevator service in common with from the Landlord and other persons floor of 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, or the 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 shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Such 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 three (3) 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, (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 in the normal elevator servicecourse of its business) and Tenant in fact ceases to use the Premises, passenger or freightmaterial portion thereof, if furnished at other timesthen Tenant, as its sole remedy, shall be optional entitled to receive an abatement of Base Rental and Additional Base Rental payable hereunder during the period beginning on the fourth (4th) 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 used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service or resulting therefrom. Landlord's entire obligation with Landlord respect to the repair and shall never be deemed a continuing obligationmaintenance of the Premises are set forth above. (viii) 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. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. Notwithstanding anything herein to the contrary C. Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide security services, Landlord is shall not warranting be deemed to have warranted the efficacy efficiency of any access such security 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 the failure of any access such security personnel, services, procedures or equipment to prevent, prevent or control, or apprehend anyone any one suspected of causing personal injury or property damage in, on or around the ProjectProperty.

Appears in 1 contract

Samples: Standard Form Office Lease (Long Beach Holdings Corp)

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