Services to be Furnished by Landlord. 6.1 Landlord agrees to furnish Tenant the following defined basic services (“Basic Services”): (a) Hot and cold water at those points of supply provided for general use of tenants in the Building. (b) Central air conditioning at such temperatures in accordance with the following specifications or as required by governmental authority: the air cooling system will be capable of maintaining, during the cooling season, inside space conditions of 76 degrees F. (±2 degrees) dry bulb and 60% (±10%, i.e., between 50% and 70%) relative humidity when outside conditions are 95 degrees F. dry bulb and 78 degrees F. (mean coincident wet bulb). The foregoing is based upon an occupancy density of not more than one person per 000 xxxxxx xxxx xx xxxxx xxxx and a maximum electrical load not exceeding that which is typical for an office tenant in the Building. Without limiting the foregoing, a computer room or server room, or other dedicated electric room or components may require supplemental HVAC as set forth below. The cost of electricity in respect of HVAC for the Premises will be submetered by Landlord, and will be allocated pursuant to Paragraphs 6.2 and 5.1(a). Tenant will pay to Landlord as additional rent Landlord’s regular charges for chilled water for air conditioning outside of Normal Building Hours (in addition to electric charges). Such regular charges for chilled water as of the date of this Lease (which are subject to change without notice) are $2.18 per hour per ton. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, or if Tenant’s particular use makes a supplemental HVAC system necessary or appropriate and Landlord requires one to be installed, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord will install such system at Tenant’s expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant will be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and consumption of electricity and, if applicable, chilled water for supplemental air conditioning. During the Lease Term, Tenant will, at Tenant’s sole cost, repair and maintain such supplemental air conditioning system and keep the same in good condition, pursuant to a maintenance contract to be entered into by Tenant and reasonably approved by Landlord. If such supplemental air conditioning is installed at the request of either Tenant or Landlord in a manner that utilizes the Building condenser water loop or chilled water, Tenant will pay a one-time tap fee, payable within 30 days of invoicing from Landlord, at Landlord’s then established rate for such, as well as Landlord’s regular charges for chilled or condenser water (in addition to electric charges). Tenant will also pay for the necessary pump and piping to connect the supplemental air conditioning equipment to the Building condenser water risers or chilled water tower, as applicable. All systems and equipment installed, as provided herein above, will become part and parcel with the Building and forever remain Landlord’s property; provided that, at Landlord’s request, Tenant will remove such systems and/or equipment prior to the expiration or termination of this Lease and repair any damage caused by such systems and equipment and its removal. (c) Maintenance, repair and replacement for all Common Areas and Service Areas of the Building, including the systems, facilities and equipment necessary for the proper operation of the Property and for provision of Landlord’s other Basic Services, in the manner and to the extent deemed by Landlord to be standard, in Landlord’s reasonable discretion. Accordingly, Landlord will be responsible for and will maintain and repair the foundations, structure and roof of the Building and repair damage to the Building which Landlord insures against. (d) Nightly janitorial service, Monday through Friday, excluding legal holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant will pay as additional rent the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. (e) All Building Standard fluorescent lamp, bulb, ballast, and starter replacement in the Premises and fluorescent and incandescent bulb, lamp, ballast, and starter replacement in the Common Areas and Service Areas. In addition, Tenant agrees to purchase from Landlord or its agents all lamps, bulbs, ballasts and starters used in non-Building Standard lighting fixtures in the Premises after the installation thereof. 6.2 Tenant shall pay, directly to the appropriate supplier, the cost of all telephone, water, and other utilities and services if and to the extent supplied to the Premises and separately metered for the use of Tenant. Tenant is responsible for initiating and terminating such services. Electricity will be distributed to the Premises by Landlord; and Landlord will permit Landlord’s wire and conduits, to the extent available, suitable and safely capable, to be used for such distribution. Tenant will obtain all of its electricity for the Premises from Landlord, and the charges for such electricity (including, without limitation, electricity for HVAC pursuant to Section 6.1(b)) will be included in Operating Expenses up to $2 per rentable square foot (of space in the Premises) per year (prorated with respect to months or partial years); such charges for electricity above $2 per rentable square foot will be paid by Tenant to Landlord on a monthly basis. Such charges for electricity will be based, at Landlord’s option, on (i) meter or submeter readings or (ii) on a survey of Tenant’s electrical usage made by Landlord or (iii) on Tenant’s prorata share of all space, including the Premises, which is commonly metered with the Premises. As of the date of this Lease, such usage is submetered. Except as otherwise set forth in Paragraph 6.6, Landlord will not in any way be liable to Tenant for any loss or damage or expense Tenant may sustain or incur if either the amount or quality of electric service is changed or is no longer available or suitable for Tenant’s requirements. If such service is discontinued, such discontinuance will not in any way affect this Lease except as set forth in Paragraph 6.6. Tenant’s use of electrical services furnished by Landlord must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. Building Standard electrical capacity in wattage is deemed to be 8 xxxxx per usable square foot for lights and outlets. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects, and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. Presently Florida Power and Light (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Property. Notwithstanding the foregoing, if permitted by law, Landlord will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Except as set forth in Paragraph 6.6, Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. 6.3 Except to the extent otherwise expressly provided in Paragraph 6.6, the failure by Landlord to any extent to furnish, or the interruption or termination of, the Basic Services in whole or in part, will not render Landlord liable in any respect nor be construed as an eviction (constructive or otherwise) of Tenant, nor work an offset or abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement of this Lease. 6.4 Except to the extent otherwise expressly provided in Paragraph 6.6, if any of the equipment or machinery used in the provision of Basic Services, for any cause, ceases to function properly, Tenant will have no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. 6.5 Except as otherwise expressly provided herein, Landlord will not be required to perform any maintenance on or make any repairs to the Premises. 6.6 If any utility or other service described in this Paragraph 6 is interrupted, Tenant will promptly notify Landlord in writing. If (a) any utility or other service described in this Paragraph 6 is discontinued or interrupted and (b) such discontinuance or interruption is within Landlord’s reasonable control, and (c) such discontinuance or interruption continues for at least 5 consecutive business days and renders all or a material portion of the Premises untenantable for such period such that Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption (subject to the following sentence) Landlord will equitably xxxxx Tenant’s obligation to pay Base Rental and Tenant’s Proportionate Share of Excess Operating Expenses (as set forth in Paragraph 5) beginning on the 6th business day after the later of (i) the first day of such interruption and (ii) the date of Landlord’s receipt of Tenant’s notice thereof, and ending on the date on which such service is substantially restored. If (i) any utility or other service described in this Paragraph 7 is discontinued or interrupted as a result of any event or occurrence that does not affect buildings in the area generally, and does not arise as a result of a casualty as provided in Paragraph 19, and (ii) such discontinuance or interruption causes the Premises (or a material portion thereof) to become inaccessible or untenantable for at least 180 consecutive days and Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption (except as set forth in the immediately preceding sentence) Tenant will have the right to terminate this Lease by giving notice to Landlord within 15 days after the expiration of such 180-day period.
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Samples: Office Lease Agreement (Liquid Holdings Group LLC), Office Lease Agreement (Liquid Holdings Group LLC)
Services to be Furnished by Landlord. 6.1 (a) So long as Tenant is not in default under this Lease, Landlord agrees to furnish Tenant the following defined basic services (“Basic Services”):to the Premises:
(ai) Hot and cold water at those points of supply provided for general use of other tenants in the Building.
(b) Central Complex, central heat and air conditioning in season, at such temperatures and in accordance with the following specifications such amounts as are considered by Landlord to be standard or as required by governmental authority: the air cooling system will be capable of maintaining; provided, during the cooling seasonhowever, inside space conditions of 76 degrees F. (±2 degrees) dry bulb heating and 60% (±10%, i.e., between 50% and 70%) relative humidity when outside conditions are 95 degrees F. dry bulb and 78 degrees F. (mean coincident wet bulb). The foregoing is based upon an occupancy density of not more than one person per 000 xxxxxx xxxx xx xxxxx xxxx and a maximum electrical load not exceeding that which is typical for an office tenant in the Building. Without limiting the foregoing, a computer room or server room, or other dedicated electric room or components may require supplemental HVAC as set forth below. The cost of electricity in respect of HVAC for the Premises will be submetered by Landlord, and will be allocated pursuant to Paragraphs 6.2 and 5.1(a). Tenant will pay to Landlord as additional rent Landlord’s regular charges for chilled water for air conditioning outside of Normal Building Hours (in addition to electric charges). Such regular charges service at times other than for chilled water as of the date of this Lease standard building hours for HVAC service (which are 7:00 a.m. to 7:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal business holidays) shall be delivered at Tenant's expense through an on-demand telephone dial-in mechanism installed by Landlord. Tenant shall pay for such additional service at the current cost of $20.00/hour/zone, subject to change adjustment by Landlord from time to time; provided, however, that adjustments to this price will be based on Landlord's actual costs, without notice) markup for profit. Landlord confirms that each wing of each floor is a separate "zone". Further, Tenant understands that the variable air volume boxes are $2.18 per hour per ton. If Tenant installs equipment which in Landlord’s opinion produces enough heat distributed as follows: Interior 1:1,200/1,700 RSF Exterior 1:600/800 RSF Corners 1:260 RSF Prior to cause comfort problems in the Building or any part thereofexecution of this Lease, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, or if Tenant’s particular use makes provided Tenant with a supplemental HVAC system necessary or appropriate copy of the Building's design criteria and Landlord requires one to be installed, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental specifications for the heating and air conditioning system, subject to Landlord’s approvala copy of which is attached hereto as Exhibit J and made a part hereof, and Landlord agrees, subject to governmental regulation, force majeure, and alterations to the Premises by Tenant without Landlord's prior consent, to maintain the Building's heating and air conditioning system equipment (not including heating or cooling units which serve only the Premises) so that indoor air temperatures will install such system at Tenant’s expense substantially ordinarily be within the ranges set forth in accordance with such design. If Tenant has requested such supplemental the design specifications for the Building's heating and air conditioning system; provided, however, that Tenant will be responsible for determining the costs of providing increased heating, cooling or ventilation made necessary by Tenant's use or manner of use of the Premises in excess of that indicated on the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and consumption of electricity and, if applicable, chilled water for supplemental air conditioning. During the Lease Term, Tenant will, at Tenant’s sole cost, repair and maintain such supplemental air conditioning system and keep the same in good condition, pursuant to a maintenance contract to be entered into by Tenant and reasonably Construction Plans approved by Landlord. If such supplemental air conditioning is installed at the request of either Landlord and Tenant or Landlord in a manner that utilizes the Building condenser water loop or chilled water, Tenant will pay a one-time tap fee, payable within 30 days of invoicing from Landlord, at Landlord’s then established rate for such, as well as Landlord’s regular charges for chilled or condenser water (in addition to electric charges). Tenant will also pay for the necessary pump and piping to connect the supplemental air conditioning equipment to the Building condenser water risers or chilled water tower, as applicable. All systems and equipment installed, as provided herein above, will become part and parcel connection with the Building and forever remain Landlord’s property; provided that, at Landlord’s request, Tenant will remove such systems and/or equipment prior to initial build-out of the expiration or termination of this Lease and repair any damage caused by such systems and equipment and its removalTenant's Improvements.
(cii) Maintenance, repair and replacement for all Common Areas and Service Areas of the Building, including the systems, facilities and equipment necessary for the proper operation of the Property and for provision of Landlord’s other Basic Services, in the manner and to the extent deemed by Landlord to be standard, in Landlord’s reasonable discretion. Accordingly, Landlord will be responsible for and will maintain and repair the foundations, structure and roof of the Building and repair damage to the Building which Landlord insures against.
(d) Nightly janitorial Janitor service, Monday through Fridayfive times weekly, excluding legal exclusive of normal business holidays; provided, however, if Tenant’s 's floor covering or other improvements require special treatment, Tenant will shall pay as additional rent the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord.
(eiii) All Building Standard fluorescent lamp, bulb, ballast, and starter replacement in the Premises and fluorescent and incandescent bulb, lamp, ballast, and starter replacement in the Common Areas and Service Areas. In addition, Tenant agrees to purchase from Landlord or its agents all lamps, bulbs, ballasts and starters used in non-Building Standard lighting fixtures in the Premises after the installation thereof.
6.2 Tenant shall pay, directly Subject to the appropriate supplierprovisions of Paragraph 13, the cost of facilities to provide all telephone, water, and other utilities and services if and to the extent supplied to the Premises and separately metered for the use of Tenant. Tenant is responsible for initiating and terminating such services. Electricity will be distributed to the Premises by Landlord; and Landlord will permit Landlord’s wire and conduits, to the extent available, suitable and safely capable, to be used for such distribution. Tenant will obtain all of its electricity for the Premises from Landlord, and the charges for such electricity (including, without limitation, electricity for HVAC pursuant to Section 6.1(b)) will be included in Operating Expenses up to $2 per rentable square foot (of space in the Premises) per year (prorated with respect to months or partial years); such charges for electricity above $2 per rentable square foot will be paid electrical current required by Tenant to Landlord on a monthly basis. Such charges for electricity will be based, at Landlord’s option, on (i) meter or submeter readings or (ii) on a survey in its use and occupancy of Tenant’s electrical usage made by Landlord or (iii) on Tenant’s prorata share of all space, including the Premises, which is commonly metered with the Premises. As of Landlord has installed three (3) four (4") inch conduits from the date of this Lease, such usage is submetered. Except as otherwise set forth in Paragraph 6.6, Landlord will not in any way be liable to Tenant for any loss or damage or expense Tenant may sustain or incur if either the amount or quality of electric service is changed or is no longer available or suitable for Tenant’s requirements. If such service is discontinued, such discontinuance will not in any way affect this Lease except as set forth in Paragraph 6.6. Tenant’s use of electrical services furnished by Landlord must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. Building Standard electrical capacity in wattage is deemed to be 8 xxxxx per usable square foot for lights and outlets. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects, and Tenant will pay all costs and expenses thereby incurred, including but not limited street to the cost building, one of electricitywhich is currently used by Southwestern Bell. Presently Florida Power and Light (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Property. Notwithstanding the foregoingXxth Landlord's prior approval, if permitted by law, Landlord will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Except as set forth in Paragraph 6.6, Landlord which will not be liable or responsible for any lossunreasonably withheld, damage, or expense that Tenant sustains or incurs by reason Tenant's telecommunications providers may access a portion of any change, failure, interference, disruption, or defect unused conduit in connection with the supply or character installation of the electric energy furnished additional telecommunications lines to the Premises, or if and Landlord agrees to make available the supply or character capacity of the electrical energy supplied one (1) full conduit for use by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease's telecommunications providers.
6.3 Except to the extent otherwise expressly provided in Paragraph 6.6, the failure by Landlord to any extent to furnish, or the interruption or termination of, the Basic Services in whole or in part, will not render Landlord liable in any respect nor be construed as an eviction (constructive or otherwise) of Tenant, nor work an offset or abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement of this Lease.
6.4 Except to the extent otherwise expressly provided in Paragraph 6.6, if any of the equipment or machinery used in the provision of Basic Services, for any cause, ceases to function properly, Tenant will have no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom.
6.5 Except as otherwise expressly provided herein, Landlord will not be required to perform any maintenance on or make any repairs to the Premises.
6.6 If any utility or other service described in this Paragraph 6 is interrupted, Tenant will promptly notify Landlord in writing. If (a) any utility or other service described in this Paragraph 6 is discontinued or interrupted and (b) such discontinuance or interruption is within Landlord’s reasonable control, and (c) such discontinuance or interruption continues for at least 5 consecutive business days and renders all or a material portion of the Premises untenantable for such period such that Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption (subject to the following sentence) Landlord will equitably xxxxx Tenant’s obligation to pay Base Rental and Tenant’s Proportionate Share of Excess Operating Expenses (as set forth in Paragraph 5) beginning on the 6th business day after the later of (i) the first day of such interruption and (ii) the date of Landlord’s receipt of Tenant’s notice thereof, and ending on the date on which such service is substantially restored. If (i) any utility or other service described in this Paragraph 7 is discontinued or interrupted as a result of any event or occurrence that does not affect buildings in the area generally, and does not arise as a result of a casualty as provided in Paragraph 19, and (ii) such discontinuance or interruption causes the Premises (or a material portion thereof) to become inaccessible or untenantable for at least 180 consecutive days and Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption (except as set forth in the immediately preceding sentence) Tenant will have the right to terminate this Lease by giving notice to Landlord within 15 days after the expiration of such 180-day period.
Appears in 1 contract
Services to be Furnished by Landlord. 6.1 7.1 Landlord agrees to furnish Tenant the following defined basic services (“Basic Services”):services:
(a) Hot and cold water at those points of supply provided for general use of tenants in the Building.
(b) Central heat and air conditioning at such temperatures and in accordance with the following specifications such amounts as are considered by Landlord to be standard or as required by governmental authority: the ; provided, however, heating and air cooling system will be capable of maintaining, during the cooling season, inside space conditions of 76 degrees F. (±2 degrees) dry bulb and 60% (±10%, i.e., between 50% and 70%) relative humidity when outside conditions are 95 degrees F. dry bulb and 78 degrees F. (mean coincident wet bulb). The foregoing is based upon an occupancy density of not more conditioning service at times other than one person per 000 xxxxxx xxxx xx xxxxx xxxx and a maximum electrical load not exceeding that which is typical for an office tenant in the Building. Without limiting the foregoing, a computer room or server room, or other dedicated electric room or components may require supplemental HVAC as set forth below. The cost of electricity in respect of HVAC Normal Building Hours for the Premises will Building (as established by the Building Rules and Regulations, as described in Paragraph 13.2) shall be submetered by Landlord, furnished only upon the written request of Tenant delivered to Landlord in accordance with the Building Rules and will be allocated pursuant to Paragraphs 6.2 and 5.1(a)Regulations. Tenant will pay to Landlord as additional rent Landlord’s its regular charges for chilled water for such additional heating or air conditioning outside of Normal Building Hours (in addition to electric charges). Such regular charges for chilled water as of the date of this Lease (which are subject to change without notice) are $2.18 per hour per tonconditioning. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, or if Tenant’s particular use makes a supplemental HVAC system necessary or appropriate and Landlord requires one to be installed, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord will install such system at Tenant’s expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant will be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and consumption of electricity and, if applicable, chilled water for supplemental air conditioning. During the Lease Term, Tenant will, at Tenant’s sole cost, repair and maintain such supplemental air conditioning system and keep the same in good condition, pursuant to a maintenance contract to be entered into by Tenant and reasonably approved by Landlord. If such supplemental air conditioning is installed at the request of either Tenant or Landlord in a manner that utilizes the Building condenser water loop or chilled waterloop, Tenant will pay a one-time tap fee, payable within 30 days of invoicing from Landlord, at Landlord’s then established rate for such, as well as Landlord’s regular charges for chilled or condenser water (in addition to electric charges). Tenant will also pay for the necessary pump and piping to connect the supplemental air conditioning equipment to the Building condenser water risers or chilled water tower, as applicablerisers. All systems and equipment installed, as provided herein above, will become part and parcel with the Building and forever remain Landlord’s property; provided that, at Landlord’s requestrequest given at the time Landlord approved the installation of such systems and equipment, Tenant will remove such systems and/or equipment prior to the expiration or termination of this Lease and repair any damage caused by such systems and equipment and its removal.
(c) Maintenance, repair and replacement for all Common Areas and Service Areas of the Building, including the systems, facilities and equipment necessary for the proper operation of the Property Project and for provision of Landlord’s other Basic Servicesservices set forth in this Paragraph, in the manner and to the extent deemed by Landlord to be standard, found in Landlord’s reasonable discretioncomparable Class A office buildings in the Suburban Philadelphia area. Accordingly, Landlord will be responsible for and will maintain and repair the foundations, structure and roof of the Building and repair damage to the Building which Landlord insures against.
(d) Nightly janitorial service, Monday through Friday, excluding legal exclusive of normal business holidays; provided, however, if Tenant’s 's floor covering or other improvements require special treatment, Tenant will pay as additional rent the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord.
(e) All Building Standard fluorescent lamp, bulb, ballast, and starter bulb replacement in the Premises and fluorescent and incandescent bulb, lamp, ballast, and starter bulb replacement in the Common Areas and Service Areas. In addition, Tenant agrees to purchase from Landlord or its agents all lamps, bulbs, ballasts and starters used in non-Building Standard lighting fixtures in the Premises after the installation thereof.
6.2 Tenant shall pay, directly to the appropriate supplier, the cost of all telephone, water, 7.2 Electricity and other utilities and services if and to the extent supplied to the Premises and separately metered for the use of Tenant. Tenant is responsible for initiating and terminating such services. Electricity gas will be distributed to the Premises either by the utility companies serving the Building or, at Landlord's option, by Landlord; and Landlord Tenant will permit Landlord’s 's wire and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity and/or gas to the Premises, Tenant will obtain pay all of its electricity for the Premises from Landlord, and the 's charges for such electricity (includingand gas, without limitation, electricity for HVAC pursuant to Section 6.1(b)) will be included in Operating Expenses up to $2 per rentable square foot (of space in the Premises) per year (prorated with respect to months or partial years); such which charges for electricity above $2 per rentable square foot will be paid by Tenant to Landlord on a monthly basis. Such charges for electricity will be based, at Landlord’s 's option, on (i) meter or submeter readings readings, or (ii) on a survey of Tenant’s 's electrical usage and gas usage made by Landlord Landlord, or (iii) on Tenant’s 's prorata share of all space, including the Premises, which is commonly metered with within the Premises. As of the date of this Lease, such usage is submetered. Except as otherwise set forth in Paragraph 6.6, Landlord will not in any way be liable to Tenant for any loss or damage or expense Tenant may sustain or incur if either the amount or quality of electric service is changed or is no longer available or suitable for Tenant’s requirements. If such service is discontinued, such discontinuance will not in any way affect this Lease except as set forth in Paragraph 6.6Building. Tenant’s 's use of electrical services or gas furnished by Landlord must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. Building Standard electrical capacity Notwithstanding the foregoing, Landlord shall have the right, at Landlord’s cost to install a separate meter or meters to measure the gas and/or electricity used by Tenant in wattage is deemed the Premises. In the alternative to be 8 xxxxx per usable square foot Landlord installing a separate meter for lights and outlets. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building StandardTenant, Landlord may refuse to consent to usage install one meter for the floor of the Building upon which Tenant is located or may consent one meter for the entire Building and pro-rate Tenant’s gas and electric charges based upon the square footage of space occupied by the users of such conditions as Landlord elects, and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricitygas and/or electric service. Presently Florida Power and Light PECO (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the PropertyProject. Notwithstanding the foregoing, if permitted by law, Landlord will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Except as set forth in Paragraph 6.6, Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
6.3 Except to the extent otherwise expressly provided in Paragraph 6.6, the 7.3 The failure by Landlord to any extent to furnish, or the interruption or termination of, the Basic Services defined services in whole or in part, will not render Landlord liable in any respect nor be construed as an eviction (constructive or otherwise) of Tenant, nor work an offset or abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement of this Lease.
6.4 Except to the extent otherwise expressly provided in Paragraph 6.6, if 7.4 If any of the equipment or machinery used in the provision of Basic Servicesdefined services, for any cause, ceases to function properly, Tenant will have no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom.
6.5 7.5 Except as otherwise expressly provided herein, Landlord will not be required to perform any maintenance on or make any repairs to the Premises.
6.6 If any utility or other service described in this Paragraph 6 is interrupted, Tenant will promptly notify Landlord in writing. If (a) any utility or other service described in this Paragraph 6 is discontinued or interrupted and (b) such discontinuance or interruption is within Landlord’s reasonable control, and (c) such discontinuance or interruption continues for at least 5 consecutive business days and renders all or a material portion of the Premises untenantable for such period such that Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption (subject to the following sentence) Landlord will equitably xxxxx Tenant’s obligation to pay Base Rental and Tenant’s Proportionate Share of Excess Operating Expenses (as set forth in Paragraph 5) beginning on the 6th business day after the later of (i) the first day of such interruption and (ii) the date of Landlord’s receipt of Tenant’s notice thereof, and ending on the date on which such service is substantially restored. If (i) any utility or other service described in this Paragraph 7 is discontinued or interrupted as a result of any event or occurrence that does not affect buildings in the area generally, and does not arise as a result of a casualty as provided in Paragraph 19, and (ii) such discontinuance or interruption causes the Premises (or a material portion thereof) to become inaccessible or untenantable for at least 180 consecutive days and Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption (except as set forth in the immediately preceding sentence) Tenant will have the right to terminate this Lease by giving notice to Landlord within 15 days after the expiration of such 180-day period.
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