Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: 1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, shall install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater. 2. Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are appropriate to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System for Building" portion of EXHIBIT D-1 attached hereto, or as required by governmental authority. If Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized by Tenant in writing) or the written request of Tenant delivered to Landlord at the office of the Building prior to 12:00 P.M. on the date excess usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holiday. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $30.00 per hour. 3. Maintenance and repair of all Common Areas in a first class manner deemed by Landlord to be standard for buildings of similar class, size, age and location in the Buckhead area of Atlanta, Georgia. 4. Janitor service on Business Days; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental. 5. Passenger elevator service in common with other tenants of the Building, 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. 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease. 7. Access to the Building for Tenant and its employees 24-hours a day, seven (7) days a week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards. 8. Security to the Building consistent with a first-class office building in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system. B. Landlord's failure to furnish, or any interruption or termination of, services due to the application of Laws (defined in Section I.B.12 above), 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. C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.
Appears in 2 contracts
Samples: Office Lease (Viewlocity Inc), Standard Form Office Lease (Viewlocity Inc)
Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), Standard Services Landlord agrees to furnish Tenant the following services:
(1. ) Water for use in the lavatories on the floor(s) on which the Premises is locatedlocated and to any fixtures located therein. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, including any fixtures installed therein, e.g., a private lavatory or kitchen, except for the Initial Tenant Improvements as provided in Section 38, below, cold water shall be supplied, at Tenant's sole cost and expense, supplied from the Building water main through a line and fixtures installed fixtures, at Tenant's ’s sole cost and expense expense, with the prior reasonable consent of Landlord. If Except for the Initial Tenant Improvements being provided to the Initial Area by Landlord pursuant to Section 38, below, if Tenant desires additional hot water fixtures in the PremisesPremises beyond those installed as of the Commencement Date, Tenant, at its sole cost and expense expense, and subject to the prior reasonable consent of the Landlord, shall may install a an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of any such all hot water heaterheaters located in the Premises.
(2. ) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are appropriate to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System for Building" portion of EXHIBIT D-1 attached hereto, or as required considered by governmental authority. If Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized by Tenant in writing) or the written request of Tenant delivered to Landlord at the office of the Building prior to 12:00 P.M. on the date excess usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holiday. Tenant shall pay Landlord, as Additional Base Rentalin its reasonable judgment, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $30.00 per hour.
3. Maintenance and repair of all Common Areas in a first class manner deemed by Landlord to be standard for buildings of similar class, size, age and location 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.
(3) Maintenance and repair of all Common Areas in the Buckhead area manner and to the extent reasonably deemed by Landlord to be standard for buildings of Atlantasimilar class, Georgiaage and location.
(4. Janitor ) Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant's use, ’s floor covering or other improvements require special servicestreatment, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Base RentalRent 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.
(5. Passenger elevator service in common with other tenants of the Building, 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.
6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of Section 11 of this Lease.
(6) Fluorescent bulb and ballast 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.
(7) Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation.
(8) Access control to the Building for 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 its employees shall follow all regulations promulgated by Landlord with respect thereto. Landlord agrees to allow access to the Building on a 24-hours a hour per day, seven (7) days a week, subject week basis by use of a security card access system that Tenant will be allowed to utilize. Notwithstanding anything herein to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards.
8. Security to the Building consistent with a first-class office building in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system.
B. Landlord's failure to furnish, or any interruption or termination of, services due to the application of Laws (defined in Section I.B.12 above), 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.
C. contrary Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide security services, Landlord shall is not be deemed to have warranted warranting the efficiency efficacy of any security 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 the failure of any such security access personnel, services, procedures or equipment to prevent or prevent, control, or apprehend anyone suspected of causing personal injury, property injury or damage or any criminal conduct in, on or around the PropertyBuilding or the Premises.
B. Excess Services 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.
Appears in 1 contract
Samples: Office Lease Agreement (Mammoth Energy Services, Inc.)
Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services:
1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's ’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's ’s sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, shall may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are appropriate considered by Landlord, in its reasonable judgment, to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System be standard for Building" portion buildings of EXHIBIT D-1 attached heretosimilar class, size, age and location, or as required by governmental authority. If In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of to Tenant (i.e. pre-authorized by via Tenant’s utilizing dial in phone system. If Tenant in writing) or the requests Landlord to program for after hours use, then Tenant shall provide written request of Tenant delivered to Landlord at the office of the Building prior to 12:00 3:00 P.M. on at least one Business Day in advance of the date excess for which such usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holidayrequested. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service service, currently $25.00 per hour, and as such costs are determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $30.00 per hour.
3. Maintenance and repair of all Common Areas in a first class the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location in the Buckhead area of Atlanta, Georgialocation.
4. Janitor service on Business Days; provided, however, if Tenant's ’s use, floor covering or other improvements improvements, require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental.
5. Passenger elevator service in common with other tenants of the Building, 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.
6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease.
7. Access a) The failure by Landlord to the Building for Tenant and its employees 24-hours a day, seven (7) days a week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards.
8. Security to the Building consistent with a first-class office building in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system.
B. Landlord's failure extent to furnish, or any the interruption or termination of, any services due in whole or in part, resulting from adherence to the application of Laws (defined in Section I.B.12 above)laws, the failure of any equipmentregulations and administrative orders, the performance of wear, use, repairs, improvements improvements, alterations or alterations, or the occurrence of any event or cause causes beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute 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 agreementagreement hereof. However, if the Premises, or a material portion Should any of the Premisesequipment or machinery used in the provision of such services for any cause cease to function properly, 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, Landlord shall be entitled use reasonable diligence 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 Tenantrepair such equipment or machinery.
C. b) Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, control or apprehend anyone suspected of personal injury, injury property damage or any criminal conduct in, on or around the Property.
Appears in 1 contract
Samples: Office Lease Agreement (Correctional Services Corp)
Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services:
1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, shall may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are appropriate considered by Landlord, in its reasonable judgment, to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System be standard for Building" portion buildings of EXHIBIT D-1 attached heretosimilar class, size, age and location, or as required by governmental authority. If In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized by Tenant in writing) or the written request of Tenant delivered to Landlord at the office of the Building prior to 12:00 3:00 P.M. on at least one Business Day in advance of the date excess for which such usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holidayrequested. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time, Landlord acknowledges that Tenant will operate its business and use the Premises 24 hours per day up to seven (7) days per week. As Provided that Landlord first approves Tenant's plans and specifications therefor pursuant to and in accordance with Article X.B hereof, Tenant shall have the right to install, at Tenant's sole cost and expense, a supplemental HVAC system which Tenant intends to use after Normal Business Hours. Tenant shall, at Tenant's sole cost and expense, be responsible for the repair, maintenance and operating expenses of the date hereof, Landlord's charge for after hours heating and air conditioning service is $30.00 per hoursupplemental HVAC system.
3. Maintenance and repair of all Common Areas in a first class the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location in the Buckhead area of Atlanta, Georgialocation.
4. Janitor service on Business Days; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental.
5. Passenger elevator service in common with other tenants of the Building, 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.
6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease.
7. Access B. The failure by Landlord to the Building for Tenant and its employees 24-hours a day, seven (7) days a week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards.
8. Security to the Building consistent with a first-class office building in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system.
B. Landlord's failure extent to furnish, or any the interruption or termination of, any services due in whole or in part, resulting from adherence to the application of Laws (defined in Section I.B.12 above)laws, the failure of any equipmentregulations and administrative orders, the performance of wear, use, repairs, improvements improvements, alterations or alterations, or the occurrence of any event or cause causes beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute 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 agreementagreement hereof. However, if the Premises, or a material portion Should any of the Premisesequipment or machinery used in the provision of such services for any cause cease to function properly, is made untenantable 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 Building for a period in excess of 3 five (5) consecutive Business Days 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 Service Failurerestoration 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 course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent Base Rental payable hereunder during the period beginning on the 4th sixth (6th) consecutive Business Day day of the Service Failure such cessation and ending on the day when the service in question has been restored. If In the event the entire Premises has not been rendered untenantable by the Service Failurecessation 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.
C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.
Appears in 1 contract
Samples: Office Lease (Merrill Corp)
Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), Landlord agrees to furnish Tenant the following services:
1. Water (a) Hot and cold water at those points of supply provided for general use of other tenants in the lavatories on the floor(sBuilding.
(b) on which Except with regard to any HVAC system or unit that exclusively serves the Premises is located. If Tenant desires water in the Premises for (or any approved reasonportion thereof), including a private lavatory or kitchen, cold water which shall be supplied, at Tenant's sole cost and expenseresponsibility pursuant to Paragraph 11(b) herein, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, Landlord shall install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central furnish central heat and air conditioning in season during sufficient for the comfortable occupancy of the Premises. Provided, however, central heating and air conditioning service at times other than for "Normal Business Hours" for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, at such temperatures and in such amounts as are appropriate to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System for Building" portion exclusive of EXHIBIT D-1 attached heretonormal business holidays), or as required by governmental authority. If Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized by Tenant in writing) or on the written request of Tenant delivered to Landlord at on the office of the Building following schedule:
(1) For evenings Monday through Friday - prior to 12:00 P.M. 3:00 p.m. on the date excess usage day when such service is required if required;
(2) For Saturday afternoon, Saturday evening and Sunday - prior to 3:00 p.m. on Friday; and
(3) For normal business holidays - prior to the times set forth above for the last day prior to such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holidayholiday. Tenant shall pay Landlord, as Additional Base Rental, bear the entire cost (as Additional Rent) of such additional service as heating and air conditioning used by Tenant at times other than Normal Business Hours, and Tenant shall pay such costs are determined within ten (10) days following demand by Landlord. The cost to be charged by Landlord from time to time. As of the date hereof, Landlord's charge Tenant hereunder for after hours heating and air conditioning service is used by Tenant during times other than Normal Business Hours shall be $30.00 per hour, subject to increases in such hourly rate from time to time during the Lease Term to reimburse Landlord for increases in the cost to Landlord of electricity consumed in providing the heating and air conditioning service. If heat-generating machines or equipment shall be used in the Premises by Tenant which affect the temperature otherwise maintained by the Building HVAC system, Landlord shall have the right (at Landlord's option) to install (or to require Tenant to install) one or more HVAC systems or units that exclusively serve the Premises (or the portion thereof where such heat-generating machines or equipment are located). As set forth in Paragraph 11(b) herein, the cost of any such separate HVAC systems or units that exclusively serve the Premises, including the cost of installation and the cost of operation and maintenance thereof, shall be borne by Tenant.
3. Maintenance (c) Electrical service to serve the Common Areas and repair the Premises, subject to the terms of Paraxxxxx 00 xxxxxx.
(x) Xxxtine maintenance and electric lighting service for all Common Areas of the Building in a first class the manner and to the extent deemed by Landlord to be standard for buildings of similar class, size, age and location in the Buckhead area of Atlanta, Georgiastandard.
4. Janitor service on Business Days(e) Janitorial service, in accordance with the schedule attached hereto as Exhibit D, Mondays through Fridays, exclusive of normal business holidays; provided, however, if Tenant's use, floor covering or other improvements require special servicestreatment, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Base RentalRent upon presentation of a statement therefor by Landlord.
5(f) All Building standard fluorescent and incandescent light bulb replacement in the Common Areas and all light bulb replacement in the Premises. Passenger elevator service Provided, however, Tenant shall promptly pay to Landlord, as Additional Rent, costs incurred by Landlord in common with other tenants of the Building, provided that, subject to Force Majeure, at least one (1) passenger elevator servicing replacing light bulbs in the Premises (including the cost of purchasing such light bulbs) if and to the extent such replacement cost exceeds the replacement cost for Building standard light bulbs. As used herein, "Building standard light bulbs" shall be available for deemed to refer to 2' x 4', 3 lamp F40/CW with energy saving ballasts.
(g) Tenant, its employees, and its invitees who have been registered with Landlord shall have access to the use of TenantPremises (including elevator service) by a code or card access system seven (7) days a week, twenty-four (24) hours a day. Tenant shall receive an allotment of codes or cards for all of its employees and for its invitees who are registered with Landlord. Landlord shall bear the cost of each such code or card initially issued, 365/6 provided Tenant shall pay to Landlord (as Additional Rent, within thirty (30) days per year.
6after Tenant receives an invoice therefor) the actual costs incurred by Landlord in obtaining and issuing replacement codes or cards for codes or cards previously issued. Electricity 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 for general office usePremises, and Landlord shall not be required to insure against any such losses. Tenant shall cooperate fully with Landlord's efforts to maintain security in accordance with and subject to the terms and conditions set forth in Article XI of this Lease.
7. Access to the Building for Tenant during times other than Normal Business Hours and its employees 24-hours a day, seven (7) days a week, subject shall follow all regulations promulgated by Landlord with respect thereto. The failure by Landlord to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards.
8. Security to the Building consistent with a first-class office building in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system.
B. Landlord's failure extent to furnish, or any the interruption or termination ofof these defined services in whole or in part, services due to the application of Laws (defined in Section I.B.12 above), the failure of resulting from any equipment, the performance of repairs, improvements Force Majeure Matters or alterations, or the occurrence of from any event or cause beyond the reasonable control of Landlord (a "Service Failure") other causes shall not (i) render Landlord liable to Tenantin any respect, constitute a constructive (ii) be construed as an eviction of Tenant, give rise to (iii) work an abatement of Rentrent, nor or (iv) relieve Tenant from the obligation to fulfill any covenant or agreementagreement in this Lease. However, if the Premises, or a material portion Should any of the Premisesequipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service resulting therefrom. Amounts payable pursuant to this Paragraph 8 shall be deemed to be Additional Rent due from Tenant to Landlord, and any default in the payment thereof shall entitle Landlord to all remedies provided for herein at law or in equity on account of Tenant's failure to pay Base Rental. Notwithstanding the foregoing, in the event that there is made a failure of services for which Landlord is responsible to perform which is not the result of Force Majeure Matters and which renders the Premises untenantable for a period in excess of 3 five (5) consecutive Business Days as a result of the Service Failuredays, then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement give Landlord written notice of Rent payable hereunder during such event. In the period beginning on the 4th consecutive Business Day event that Landlord fails to cure such failure within five (5) days from receipt 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 Failuresuch written notice, the amount of abatement that Tenant is shall be entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable cure such failure and not used by Tenant.
C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner bill Xxxdlord for the failure reasonable out-of-pocket costs of any Tenant in effecting such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Propertycure.
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Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services:
1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, shall may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are appropriate considered by Landlord, in its reasonable judgment, to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System be standard for Building" portion buildings of EXHIBIT D-1 attached heretosimilar class, size, age and location, or as required by governmental authority. If In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized by Tenant in writing) or the written request of Tenant delivered to Landlord at the office of the Building prior to 12:00 P.M. on 3:00 p.m. at least one Business Day in advance of the date excess for which such usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holidayrequested. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $30.00 per hour.
3. Maintenance and repair of all Common Areas in a first class the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location in the Buckhead area of Atlanta, Georgialocation.
4. Janitor service on Business Days; provided, however, if Tenant's Tenants use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental.
5. Passenger elevator service in common with other tenants of the Building, 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.
6. Electricity to the Premises for general generally office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease.
7. Access B. The failure by Landlord to the Building for Tenant and its employees 24-hours a day, seven (7) days a week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards.
8. Security to the Building consistent with a first-class office building in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system.
B. Landlord's failure extent to furnish, or any the interruption or termination of, any services due in whole or in part, resulting from adherence to the application of Laws (defined in Section I.B.12 above)laws, the failure of any equipmentregulations and administrative orders, the performance of wear, use, repairs, improvements alterations or alterations, or the occurrence of any event or cause causes beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute 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 agreementagreement hereof. HoweverShould 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 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 five (5) 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 course of its business) and Tenant in fact ceases to use the Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failureor material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent Base Rental payable hereunder during the period beginning on the 4th sixth (6th) consecutive Business Day day of the Service Failure such cessation and ending on the day when the service in question has been restored. If In the event the entire Premises has not been rendered untenantable by the Service Failurecessation 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.
C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.
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Samples: Office Lease (Information Management Associates Inc)
Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services:
1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's Tenants sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, shall may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are appropriate considered by Landlord, in its reasonable judgment, to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System be standard for Building" portion buildings of EXHIBIT D-1 attached heretosimilar class, size, age and location, or as required by governmental authority. If In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized by Tenant in writing) or the written request of Tenant delivered to Landlord at the office of the Building prior to 12:00 3:00 P.M. on at least one Business Day in advance of the date excess for which such usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holidayrequested. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $30.00 per hour.
3. Maintenance and repair of all Common Areas in a first class the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location in the Buckhead area of Atlanta, Georgialocation.
4. Janitor service on Business Days; provided, however, if Tenant's use, floor covering or other improvements improvements, require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental.
5. Passenger elevator service in common with other tenants of the Building, 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.
6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease.
7. Access B. The failure by Landlord to the Building for Tenant and its employees 24-hours a day, seven (7) days a week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards.
8. Security to the Building consistent with a first-class office building in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system.
B. Landlord's failure extent to furnish, or any the interruption or termination of, any services due in whole or in part, resulting from adherence to the application of Laws (defined in Section I.B.12 above)laws, the failure of any equipmentregulations and administrative orders, the performance of wear, use, repairs, improvements improvements, alterations or alterations, or the occurrence of any event or cause causes beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute 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 agreementagreement hereof. However, if the Premises, or a material portion Should any of the Premisesequipment or machinery used in the provision of such services for any cause cease to function properly, 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, Landlord shall be entitled use reasonable diligence 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 Tenantrepair such equipment or machinery.
C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, control or apprehend anyone suspected of personal injury, injury property damage or any criminal conduct in, on or around the Property.
Appears in 1 contract
Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), Landlord agrees to furnish Tenant the following services, all in a manner consistent with buildings of similar class, size, age and location, or as required by governmental authorities:
(1. ) Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's ’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's ’s sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, shall may install a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of any such hot water heater.
(2. ) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are appropriate to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System for Building" portion of EXHIBIT D-1 attached hereto, or as required considered by governmental authority. If Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized by Tenant in writing) or the written request of Tenant delivered to Landlord at the office of the Building prior to 12:00 P.M. on the date excess usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holiday. Tenant shall pay Landlord, as Additional Base Rentalin its reasonable judgment, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $30.00 per hour.
3. Maintenance and repair of all Common Areas in a first class manner deemed by Landlord to be standard for buildings of similar class, size, age and location 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 Buckhead area date for which such usage is requested. Tenant shall bear the entire actual cost of Atlantaadditional service as such costs are determined by Landlord from time-to-time without profit to Landlord, Georgiaas Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent.
(3) Maintenance and repair of all Common Areas.
(4. Janitor ) Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant's use, ’s floor covering or other improvements require special servicestreatment, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Base RentalRent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord.
(5. Passenger elevator service in common with other tenants of the Building, 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.
6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of Section 11. of this Lease.
(6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(7) Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided.
(8) Access control to the Building for Tenant and its employees 24-hours a day, seven (7) days a week, subject to the terms of this Lease and during other than Normal Business Hours shall be provided in such security or monitoring systems form as Landlord may reasonably impose, including, without limitation, sign deems appropriate. Tenant shall cooperate fully in procedures and/or presentation of identification cards.
8. Security Landlord’s efforts to maintain access control to the Building consistent and shall follow all regulations promulgated by Landlord with a first-class office building in respect thereto. Notwithstanding anything herein to the Buckhead area in Atlantacontrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, Georgiaservice, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable systemequipment 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 the actual cost of such additional utilities or building services, without profit to Landlord's , 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 any the interruption or termination ofof these defined services in whole or in part, services due resulting from adherence to the application of Laws (defined in Section I.B.12 above)laws, the failure of any equipmentregulations and administrative orders, the performance of wear, use, repairs, improvements alterations or alterations, or the occurrence of any event or cause causes beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of RentRent (except as set forth below), nor relieve Tenant from the obligation to fulfill any covenant or agreementagreement hereof. HoweverShould 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, Landlord hereby agrees that if Landlord shall fail to furnish any of the services provided herein, or if the Premisessame shall be interrupted or terminated for a period of seventy two (72) consecutive hours, or Tenant shall be entitled to a material reasonable abatement of Rent for any portion of the Premises, Premises which is made untenantable for a period in excess of 3 consecutive Business Days not usable by Tenant as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement such lack 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 Tenantservices.
C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.
Appears in 1 contract
Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services:
1. Water Hot and cold water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, shall may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any such hot water heater.
2. Central heat heat, ventilating and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are appropriate considered by Landlord, in its reasonable judgment, to maintain the standards reflected on the HVAC specifications reflected in the "Mechanical System be standard for Building" portion first- class office buildings of EXHIBIT D-1 attached heretosimilar class, size, age and location, or as required by governmental authority. If In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized which may be by Tenant telephone or in writingperson) or the written request of Tenant delivered to Landlord at the office of the Building prior to 12:00 P.M. on 3:00 p.m. of the date excess usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day if such excess usage is desired on a Saturday, Sunday or Holidaysame day. Tenant shall pay Landlord, as Additional Base Rental, the entire cost actual direct utility costs of additional service as and a reasonable charge for the extra wear and tear on Building equipment, provided such costs are determined by Landlord from time to time. As charge shall not exceed fifteen percent (15%) of the date hereof, Landlord's charge for after hours heating and air conditioning service is $30.00 per houractual direct utility costs of such additional service.
3. Maintenance and repair of all Common Areas in a first class the manner and to the extent reasonably deemed by Landlord to be standard for first-class office buildings of similar class, size, age and location in the Buckhead area of Atlanta, Georgialocation.
4. Janitor service on Business DaysJanitorial services, consistent with those provided to other first class office buildings in Bellevue, Washington, Monday through Friday nights; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental. Landlord shall attempt to have such janitorial services provided between 6:00 p.m. and 10:00 p.m. Landlord shall also use its commercially reasonable best efforts to implement a recycling program.
5. Passenger elevator service in common with other tenants of the Building, 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.
6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI 14 of this Lease.
7. Access Landlord shall provide, at Landlord's expense, a multi-level card key security system that will control access to the Building for and the garage and elevators therein. Tenant and its employees 24-shall have access to the Premises 24 hours a day, seven (7) 7 days a week, subject to the terms of this Lease and such security or monitoring systems as Landlord . Additional card readers may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards.
8. Security to the Building consistent with a first-class office building be installed in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving stairwells to facilitate controlled access between Tenant's floors by way of the stairwells. Tenant shall bear the cost of any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures such additional card readers or other comparable systemsecurity measures.
B. Landlord's The failure by Landlord to any extent to furnish, or any the interruption or termination of, any services due in whole or in part, resulting from adherence to the application of Laws (defined in Section I.B.12 above)laws, the failure of any equipmentregulations and administrative orders, the performance of wear, use, repairs, improvements improvements, alterations or alterations, or the occurrence of any event or cause causes beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute 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. Howeveragreement hereof, provided that if any such interruption or termination continues for seventy-two (72) hours, Rent shall thereafter xxxxx to the Premises, or a material portion of extent the Premises, is made Premises are rendered untenantable for a period in excess of 3 consecutive Business Days as a result thereof. Should any of the Service Failureequipment or machinery used in the provision of such services for any cause cease to function properly, then Tenant, as its sole remedy, Landlord shall be entitled use reasonable diligence 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 Tenantrepair such equipment or machinery.
C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.
D. Landlord shall engage Xxxxxx Runstad Associates Limited Partnership as the manager of the Building for at least two (2) years after the Commencement Date.
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