SERVICES TO LESSEE. City covenants and agrees that during the term of the agreement and all extensions it will operate the Airport for the benefit of the public provided, however, that the City, with the concurrence of FAA, may prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation needs of the public. The City further agrees to maintain all, runways, approaches, lighting, fences, safety areas, and all taxiways in good repair. City agrees further to keep in good repair hard-surfaced public roads for access to the Leased Premises and likewise to maintain its water and sanitary sewer facilities in areas designed for utilities to the Leased Premises for access thereto by Lessee in accordance with Ordinances governing same.
SERVICES TO LESSEE. 25.1 County covenants and agrees that during the term of this Agreement it will operate the Airport as such for the use and benefit of the public provided, however, that the County may prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation needs of the public. The County further agrees to use its best efforts to maintain the runways and taxiways in good repair. County agrees to keep in good repair hardsurfaced public roads for access to the Leased Premises.
25.2 Lessee will contract with the furnishers of all utilities for the furnishing of such services to the Leased Premises and shall pay for all water, gas, electricity, sanitary sewer service, other utilities, telephone, burglary and fire protection services furnished to the Leased Premises.
25.3 Lessee will also contract with the furnishers of all other utilities and services they may require for the furnishing of such services to the Leased Premises and shall pay for all other utilities and services.
SERVICES TO LESSEE. Lessor agrees to use reasonable efforts to cause public utilities to furnish electricity and water necessary for operation of the Premises and the Building. Lxxxxx also agrees to use all reasonable efforts to provide (as a part of Operating Costs) the following services (the "Services") to Lessee while Lessee is occupying the Premises (a) routine maintenance and electrical lighting service for all Common Areas; (b) central heat and air conditioning for all interior Building Common Areas from 8:00 A.M to 6:00 P.M. Monday through Friday (the "Building Hours"); (c) cold water at points of supply provided for general use of tenants of the Building; (d) routine maintenance to the roof, structure and exterior walls of the Building, reasonable wear and tear expected by both parties, including exterior painting of the Building and resurfacing of parking lots as necessary (Lessor is not responsible for maintaining windows, plate glass, doors, special storefronts or office entries), and (e) elevator service to the Premises, if applicable, twenty-four (24) hours a day, every day of the year, except during periods of servicing and repair. If Lessor shall fail to any extent to furnish any services described in this Lease, Lessor shall not be liable for damages to either person or property, nor shall such failure be construed as an eviction of Lessee nor relieve Lessee from any covenant or agreement hereof, including but not limited to the payment of Rent, Additional Rent and Operating Costs. If any Building machinery or equipment breaks down or otherwise ceases to function properly, Lessee shall have no claim for rebate of rents or damages on account of an interruption in service occasioned or resulting therefrom.
SERVICES TO LESSEE. 20.1 The Cities covenant and agree that during the term of this Agreement, and subject to Airport priorities then in effect, they will use reasonable efforts to (a) operate the Airport as such for the use and benefit of the public; provided, however, that the Cities may prohibit or limit any given type, kind or class of aeronautical use of the Airport if such action is necessary for the safe and/or
20.1.1 Except as otherwise expressly set forth herein, said obligations of the Cities relevant to the maintenance of public roads and taxiways shall extend to the point where in such roads, streets and taxiways reach the property line of the Leased Premises, or the Ramp area constructed by Lessee under Article 4.5.
20.1.2 Except as otherwise expressly set forth herein, said obligations of the Cities relevant to the snow removal from public roads and taxiways shall extend to the point where in such roads, streets and taxiways reach the property line of the Leased Premises, and shall additionally include the Ramp area constructed by Lessee under Article 4.5 subject to the snow removal limitations set forth under Article 4.5, above.
20.2 Except in cases of emergency, in which case no notice shall be required, the Cities will give not less than fourteen (14) days’ prior written notice to Lessee of any anticipated temporary Airport closure, for maintenance, expansion or otherwise. Rent due for the Leased Premises under Article 4 shall xxxxx on the twenty first (21st) consecutive day of any voluntary temporary Airport closure by the Cities and such abatement shall continue until the Airport reopens, provided that no abatement shall exceed a total of sixty (60) consecutive days’ rent. Notwithstanding the above, the Cities shall not be deemed to be in breach of any provision of this Article 20 in the event of a permanent closure of the Airport; provided, however, that if such permanent closure is in connection with the construction of a new airport by the Cities, Lessee shall have the option to enter into a substitute ground lease agreement with the Cities for the use of a portion of such new airport not smaller than the Leased Premises under financial terms which are no less favorable than those set forth herein.
SERVICES TO LESSEE. 22.1 Authority covenants and agrees that during the term of this Agreement it will operate the Airport as such for the use and benefit of the public provided, however, that the Authority may prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation needs of the public. The Authority further agrees to use its best efforts to maintain the runways and taxiways in good repair. Authority agrees to keep in good repair hard-surfaced public roads for access to the Leased Premises. Authority also agrees to maintain its water and sanitary sewer facilities in areas designated for utilities or easements adjacent to the Leased Premises for access thereto by Lessee in accordance with Authority Ordinances governing same.
22.2 Lessee will contract with and obtain all required permits from the appropriate Authority Departments for any utility services provided by Authority, paying any required connection fees, including those to be paid by owners, and all such services will be provided at rates and on terms and conditions established by the Authority for similar users in the Authority.
22.3 Lessee will also contract with the furnishers of all other utilities for the furnishing of such services to the Leased Premises and shall pay for all water, gas, electricity, sanitary sewer service, other utilities, telephone, burglary and fire protection services furnished to the Leased Premises.
SERVICES TO LESSEE. Except in cases of emergency, in which case no notice shall be required, City will endeavor to give not less than 14 days prior written notice to Lessee of any anticipated temporary Airport closure, for maintenance, expansion or otherwise. Notwithstanding the above, the City shall not be deemed to be in breach of any provision of this Article 19 in the event of a permanent closure of the Airport. Provided, however, that if such permanent closure is in connection with the construction of a new airport by the City, Lessee shall have the option to enter into a substitute hangar ground lease agreement with the City, for the use of a portion of such new airport not smaller than the Leased Premises, under financial terms which are no less favorable than those set forth herein.
SERVICES TO LESSEE. County covenants and agrees that, during the term of this Lease, it will operate the Airport as such for the use and benefit of the public, provided, however, that County may prohibit or limit any given type, kind, or class of aeronautical use of the Airport, if such action is necessary for the safe operation of the Airport, or necessary to serve the civil aviation needs of the public. County further agrees to use its best efforts to maintain the runways and taxiways in good repair. County agrees to keep in good repair hard-surfaced public roads for access to the Leased Premises. County agrees to take reasonable measures for security at the Airport.
SERVICES TO LESSEE. 19.1 The Department covenants and agrees that during the term of this Agreement it will operate the Park as such for the use and benefit of the public, including Lessee, provided, however, that subject to the rights of Lessee, the Department may prohibit or limit any given type, kind, or class of use in the Park if such action is necessary to serve the needs of the public. The Department also agrees to provide and maintain, or cause to be provided and maintained, water and sanitary sewer services in areas designated for utilities or easements adjacent to the Leased Premises for access thereto by the Lessee. The Department reserves the right to transfer the responsibility for maintenance of water to the Town of Newburgh and sanitary sewer services to the Crossroads Sewer District. Any charges related to the Leased Premises shall be paid by the Lessee.
19.2 The Department agrees to provide utilities (water, natural gas, and electric) to a boundary line of the Leased Premises and a finished road as required by law. The water supply will be operated by the Town of Newburgh which has set its design criteria at 2,500 gallons per minute at 20 p.s.i. residual pressure.
19.3 The Lessee will contract with and obtain all required permits from the appropriate departments for any utility services provided by the Department, paying any required connection fees, including those to be paid by owners, and all such services will be provided at rates and on terms and conditions established by the Department for similar users in the Park.
19.4 The Lessee will also contract with the furnishers of all other utilities for the furnishing of such services to the Leased Premises and shall pay for all water, gas, electricity, sanitary sewer service, other utilities, telephone, burglary and fire protection services furnished to the Leased Premises. The Department shall allow the providers of such utilities reasonable access to the boundaries of the Leased Premises for the installation of their utility systems.
19.5 The Department will provide, repair, maintain and replace, or cause to be provided, repaired, maintained or replaced, a paved access road, as required by law, of at least two lanes by extending Governor Drive to the Leased Premises.
19.6 The Department will plow all roads within the Park to the Leased Premises and shall maintain all retention basins and landscaped areas in the Park but outside any leased premises.
SERVICES TO LESSEE. (a) Other than for the supply of potable water, which shall be furnished by the CITY and paid for by the LESSEE at a metered rate, the LESSEE shall arrange with the appropriate utility or service companies, or municipalities, or other suppliers, supplying utilities and services in the area, for the supply to the Leased Premises of all services including electric power, telephone conduits and telephone connections within the Leased Premises. LESSEE shall pay the appropriate utility service companies for the supply of such services.
(b) No failure to furnish, or any delay or interruption in, any service or services, whether such service or services shall be supplied by the CITY or by others, shall relieve or be construed to relieve the LESSEE of any of its obligations hereunder, or shall be construed to be an eviction by the CITY, or shall constitute grounds for any diminution or abatement of the Rent payable under this Agreement, or grounds for any claim by the LESSEE for damages, consequential or otherwise, except when resulting from the negligence of the CITY or from its willful failure to furnish or supply such services, if any. It is provided, however, that nothing herein shall diminish or xxxxx the requirement herein that Rent shall be paid unconditionally.
SERVICES TO LESSEE. Lessor reasonably agrees to provide Lessee, as Lessor reasonably deems necessary, subject to limitations contained in any governmental control now or hereafter imposed or matters beyond Lessor's control and subject to cessation for reasonable necessity, the following services:
(a) Heating and air-conditioning service daily on Monday through Friday, inclusive, except for holidays observed by national banks as legal holidays, from 8:00a.m. to 6:00 p.m., and on Saturdays, if not a holiday, from 8:00 a.m. to 1:00 p.m.
(b) Electric current for building, standard tenant lighting and small business machinery only from electric circuits designated by Lessor for Lessee's use. Lessee will not use any electrical equipment which in Lessor's opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the building. Lessee will not, without Lessor's prior written consent in each instance, connect any items such as non-building standard lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, and other computer-related equipment to the electrical system of the Premises, or make any alteration or addition to the system. If any additional circuitry or wiring is required by Lessee, and Lessor approves installation of the same in writing, such works shall be performed at Lessee's expense by Lessor's electrician or under Lessor's control or supervision, and Lessee shall pay Lessor for such additional work as billed. In the event the Lessee utilizes electric current or other utilities in excess of the amount which would be typically utilized by normal business office use of the Premises, then Lessor shall have the right to charge Lessee as additional rent a reasonable sum as reimbursement for the direct cost of such additional use or services. In the event of a disagreement as to the reasonableness of the amount of such additional rent, the opinion of a qualified, local and independent professional engineer selected by Lessor in good faith shall be binding upon Lessor and lessee. Payment for such additional electrical power shall be deemed additional rent due from Lessee.
(c) General cleaning and janitorial service five times per week.
(d) Reasonable quantities of water to lavatories, toilets and water fountains in or appurtenant to the Premise.
