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

Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services: (1) water service for use in the lavatories and any kitchen area in the Premises; (2) heat and air conditioning equipment serving the Premises (Tenant shall be responsible for the cost of all utilities serving such heat and air conditioning equipment); (3) maintenance and repair of the Property as described in Section IX.B.; (4) landscaping and snowplowing of Common Areas exterior to the Building; (5) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (6) 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 (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.

Services to be Furnished by Landlord. A. Landlord Landlord, as part of Basic Costs (except as provided herein to the contrary), agrees to furnish Tenant with the following services: (1a) hot and cold water service at those points of supply provided for general use of tenants in the lavatories and any kitchen area in the PremisesBuilding; (2b) central heat and air conditioning equipment serving the Premises (Tenant shall be responsible for the cost of all utilities serving such heat and air conditioning equipment)in season during Tenant's normal business hours; (3c) routine maintenance and repair of the Property as described in Section IX.B.; (4) landscaping and snowplowing of electric lighting service for all Common Areas exterior to of the Building; (5d) electricity to the Premises for general office usejanitor service on business days exclusive of Saturdays, Sundays and holidays in accordance with and subject the Janitorial Specifications attached hereto as Exhibit E, or such other reasonably comparable specifications designated, from time to the terms and conditions in Article Xtime, by Landlord; and (6e) such elevator service in common with other services as tenants of the Building for ingress and egress to and from the floor of the Premises during Landlord's normal business hours. The failure by Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord’s failure to any extent to furnish, or any the interruption or termination ofof these services in whole or in part, 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 in any respect nor be construed as an eviction of TenantTenant or breach of any implied warranty of habitability, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreementagreement hereof except as expressly set forth herein. However, if Notwithstanding anything to the Premises, or a material portion of contrary contained in this Section VII. if: (i) Landlord ceases to furnish any service in the Premises, is made untenantable Building for a period in excess of 3 two (2) 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 XVII 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, such interruption shall be referred to herein as a "Landlord Curable Cessation of Services", then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent Base Rental payable hereunder during the period beginning on the 4th third (3rd) 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 FailureLandlord Curable Cessation of Services, 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. In no eventaddition to such abatement and in addition to Tenant's remedies provided for herein and any remedies available to Tenant at law or equity, howevershould there be a Landlord Curable Cessation of Services which continues for ten (10) consecutive business days after the Interruption Notice and is not being diligently remedied by Landlord, Tenant may elect, ten (10) days following a second interruption notice (the "Second Interruption Notice") to remedy the Cessation of Services and Landlord shall Landlord be liable obligated to Tenant for the cost incurred by Tenant thereunder. If Landlord fails to reimburse Tenant for the costs incurred in curing the landlord Curable Cessation of Services within thirty (30) days following Tenant's demand therefor, Tenant may deduct any loss and all sums owing to Tenant plus interest at the Prime Rate from the next due installment(s) of Base Rental and Additional Base Rental and each subsequent installment of Base Rental and Additional Base Rental until Tenant is fully reimbursed. In the event that the Landlord Curable Cessation of Services: (a) continues for ninety (90) consecutive days after the Interruption Notice; and (b) is not being diligently remedied by Landlord, and (c) Tenant has not elected to cure the Landlord Curable Cessation of Services, Tenant shall have the right to elect to terminate this Lease within ten (10) days after the expiration of said ninety (90) day period without penalty, by delivering written notice to Landlord of its election thereof. 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 such security personnel, service, procedures or damage, including the theft of Tenant’s Property (defined equipment and Landlord shall not be liable in Article XV), arising out of or in connection with any manner for the failure of any such security personnel, services, personnel procedures or equipmentequipment to prevent or control, or apprehend any one suspected of personal injury, property damage or criminal conduct in, on or around the Property.

Services to be Furnished by Landlord. A. Landlord Landlord, as part of Basic Costs (except as provided herein to the contrary), agrees to furnish Tenant with provide the following services: (1) water service for use in the lavatories and any kitchen area in services to Tenant at the Premises; : (2a) heat and air conditioning equipment serving the Premises (Tenant shall be responsible cold water at those points of supply provided for the cost general use of all utilities serving such heat and air conditioning equipment); (3) maintenance and repair of the Property as described tenants in Section IX.B.; (4) landscaping and snowplowing of Common Areas exterior to the Building; (5b) electricity to central heat, ventilation and air conditioning in season during Landlord's normal business hours and at such temperatures as are necessary for comfortable occupancy, or as otherwise required by law; (c) routine maintenance and electric lighting service for all Common Areas of the Premises for general office useBuilding; (d) janitor service on business days exclusive of Saturdays, Sundays and holidays in accordance with the cleaning specifications attached hereto as Exhibit B (or such reasonably comparable specifications as Landlord may designate from time to time); (e) elevator service in common with other tenants of the Building for ingress and subject egress to and from the terms and conditions in Article X; floor of the Premises during Landlord's normal business hours, and (6f) such other services as the replacement of building standard light bulbs. For purposes of this section, Landlord's normal business hours are hereby agreed to be 7:30 a.m. to 6:00 p.m. Monday through Friday, holidays excluded. The failure by Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord’s failure to any extent to furnish, or any the interruption or termination ofof these services in whole or in part, 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 in any respect nor be construed as an eviction of TenantTenant or breach of any implied warranty of habitability, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreementagreement hereof. However, if Notwithstanding anything to the Premises, or a material portion of contrary contained in this Section VII if: (i) Landlord ceases to furnish any service in the Premises, is made untenantable Building for a period in excess of 3 ten (10) 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 XVII 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 and Additional Base Rental payable hereunder during the period beginning on the 4th eleventh (11th) 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. In no eventTenant expressly acknowledges that if Landlord, howeverfrom time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any such security personnel, service, procedures or equipment and Landlord shall not be liable to Tenant in any manner 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 such security personnel, services, personnel procedures or equipmentequipment to prevent or control, or apprehend any one suspected of personal injury, property damage or criminal conduct in, on or around the Property.

Services to be Furnished by Landlord. A. 6.1 Landlord agrees to furnish Tenant with the following services: services (1herein called “Defined Services”): (a) water service Landlord shall maintain the public and common areas of the Building, including corridors, the mechanical, plumbing, the HVAC system and electrical equipment solely serving the Building, the structure itself, including the roof of the Building, and the exterior common areas in reasonably good order and condition, except for use damage occasioned by Force Majeure (as defined in Section 31 below) or damage occasioned by the act of Tenant, its employees, agents, invitees or licensees, which damage shall be repaired by Landlord at Tenant’s expense. (b) Landlord shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages done by persons (other than Landlord) on the Premises and neither shall Landlord be required to insure against such losses. Tenant shall cooperate fully in Landlord’s efforts, if any, to maintain safety measures in the lavatories Building and any kitchen area in the Premises; (2) heat and air conditioning equipment serving the Premises (Tenant shall be responsible for the cost of follow all utilities serving such heat and air conditioning equipment); (3) maintenance and repair of the Property as described in Section IX.B.; (4) landscaping and snowplowing of Common Areas exterior to the Building; (5) electricity to the Premises for general office use, in accordance regulations promulgated by Landlord with and subject to the terms and conditions in Article X; and (6) such other services as Landlord reasonably determines are necessary or appropriate for the Propertyrespect thereto. B. Landlord’s 6.2 The failure by Landlord to any extent to furnish, or any the interruption or termination of, services due to the application of LawsDefined Services in whole or in part, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause resulting from causes beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a in any respect nor be construed as an eviction (constructive eviction or otherwise) of Tenant, give rise to nor allow for an offset or abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Howeveragreement of this Lease. 6.3 Should any of the equipment or machinery used in the provision of Defined Services, if the Premisesfor any cause, cease to function properly, Tenant shall have no claim for offset or a material abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. 6.4 Tenant shall not be entitled to an abatement of rent (with respect to that 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 Premises that has been restored. If made untenantable) in the entire Premises has not been rendered untenantable event of a stoppage or interruption of any Defined Services that continue for more than five (5) consecutive days, unless such stoppage is caused by the Service Failuregross negligence or willful misconduct of Landlord.. 6.5 Except as otherwise expressly provided herein, Landlord shall not be required to perform any maintenance on or make any repairs to 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 equipmentPremises.

Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with shall pay the following services: (1) water service for use in the lavatories entire costs of water, gas and any kitchen area in electricity used by Tenant at the Premises; . Tenant, at Tenant’s option, shall either (2a) heat and air conditioning equipment serving pay the Premises utility company directly for the costs of the applicable utility consumption for the Premises, or (b) reimburse Landlord for the costs of the applicable utility consumption for the Premises. Tenant shall be responsible for providing janitorial service for the Premises at its sole cost of all utilities serving such heat and air conditioning equipment); expense, and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide janitorial service to the Premises (3) maintenance and repair but the foregoing shall not limit Landlord’s obligations with respect to any portions of the Property as described in Section IX.B.; or the Project other than the Premises). The janitorial services shall be performed by Tenant’s employees or a bonded janitorial contractor, which contractor (4if applicable) landscaping and snowplowing of Common Areas exterior to the Building; (5) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (6) such other services as Landlord shall be reasonably determines are necessary or appropriate for the Propertyapproved by Landlord. B. Except as provided in this Section 7.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, event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s Property (defined in Article XV15), arising out of or in connection with the failure of any security services, personnel or equipment. However, notwithstanding the foregoing, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 5 consecutive days solely as a result of a Service Failure due to Landlord’s gross negligence or willful misconduct and such Service Failure is otherwise reasonably within the control of Landlord to correct, then Tenant, as its sole remedy, shall be entitled to receive an abatement of the Rent payable hereunder during the period beginning on the 6th consecutive day of the Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.

Services to be Furnished by Landlord. A. Landlord agrees to shall furnish Tenant with the following services: (1i) water service for use in the lavatories and any kitchen area in the Premises; (2) heat heating and air conditioning equipment serving to the Premises, as necessary; (ii) water for drinking, and, subject to Landlord’s approval, water at Tenant’s expense for any private restrooms and office kitchen requested by Tenant; (iii) janitorial service in the Premises (Tenant shall be responsible for the cost of all utilities serving such heat and air conditioning equipment); (3) maintenance and repair of the Property as described in Section IX.B.; (4) landscaping and snowplowing of Common Areas exterior to the Buildingon Business Days; and (5iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (6) such other services as Landlord reasonably determines are necessary or appropriate for the Propertyof Section 10 of this Lease. B. Landlord’s If Tenant requests any other utilities or building services in addition to those identified in Section 6. (A.), 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 any the interruption or termination ofof utilities and Building services identified in Section 6.(A.) in whole or in part, services due resulting from adherence to the application of Lawslaws, the failure of any equipmentregulations and administrative orders, the performance of wear, use, repairs, improvements or alterationsimprovements, 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 in any respect nor be constructed as an actual or 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. D. Notwithstanding anything to the contrary contained in this Section 6, if if: (i) Landlord ceases to furnish any service in the Premises, or a material portion of the Premises, is made untenantable Building for a period in excess of 3 three (3) consecutive Business Days after Tenant notifies Landlord of such cessation; (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) the Service Failurerestoration of such cessation, the Premises or a material portion thereof, is rendered untenantable and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the 4th third (3rd) consecutive Business 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. 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.