Services to the Premises. i. Tenant shall have access to the Premises, including elevators as set forth in Section 12(c) and utilities including HVAC, electricity, water, and heat twenty-four hours per day, seven days per week. Landlord shall furnish the Premises with all utilities, and Landlord shall furnish heating, ventilation and air conditioning (“HVAC”) to the Premises in accordance with the standards set forth in Schedule 1 to Exhibit C between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturdays (“Business Hours”), of each week during the Term (Building Holidays excepted). During non-Business Hours, Landlord shall provide HVAC to the Premises as requested by Tenant and Tenant shall be billed for Landlord’s actual cost, without xxxx-up, for such service. Any non-Business Hours HVAC charges shall be billed monthly in arrears and shall be payable by Tenant within thirty (30) days of receipt of an invoice from Landlord. Landlord shall provide janitorial service to the Premises in accordance with the Janitorial Specifications attached hereto as Exhibit E, five days per week except for Building Holidays. Landlord shall furnish electricity to Tenant for Tenant’s exclusive use on a twenty-four hour per day seven day a week basis in accordance with the standards set forth on such Schedule 1. ii. Tenant agrees to pay monthly as Additional Rent (but not as an Operating Expense) all charges for electricity (to the extent the same is submetered) used by Tenant at the Premises. Tenant’s electricity consumption for lights, plugs and VAV’s shall be separately submetered as part of the Tenant Work (as defined in Exhibit C hereto). Tenant shall pay for the consumption of such electricity based upon its submetered usage, provided, however, Landlord shall be permitted to reasonably estimate such usage on a monthly basis but, not less frequently than annually, shall perform a reconciliation of paid amounts against actual amounts due from Tenant. Tenant shall be charged for such electricity based upon the consumption measured by submeter(s) at the rate Landlord is charged for same without xxxx-up or fee, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption. iii. In addition, Tenant agrees to pay as Additional Rent (but not part of Operating Expenses) Tenant’s Proportionate Share of all charges for electricity used for Common Facilities at the Property and not within tenantable areas of the Building based upon the metered or submetered usage. In no event will the charges under Section 12(a)(ii) or under this Section 12(a)(iii) as the case may be, duplicate any charges under any other provision. Tenant shall be charged for such electricity at the rate Landlord is charged for same without xxxx-up or fee, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption. iv. Tenant shall pay all bills for separately metered utility usage within thirty (30) days after receipt thereof. v. Tenant’s use of electric energy in the Premises shall not at any time exceed the safe capacity of any of the electric conductors and equipment in or otherwise serving the Premises as set forth in Schedule 1 to Exhibit C. Tenant shall make commercially reasonable efforts to cooperate with Landlord to use electric energy and HVAC systems in a manner consistent with the Sustainability Standards and as required to obtain or maintain Building Certification; provided nothing in this Section shall authorize Landlord to make any changes in the Building or Premises that would have a material adverse effect on Tenant’s use of the Premises for the Permitted Use. vi. If Landlord is in control of or obtains access to any alternative renewable energy source (“Alternative Energy”), Landlord shall have the option of providing such Alternative Energy to Tenant to satisfy Landlord’s obligations under this Section 12(a) at a rate not to exceed the average rate Tenant would have otherwise been charged had Landlord not provided such utility service by means of Alternative Energy.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (Nabriva Therapeutics AG)
Services to the Premises. i. Tenant shall have access to the Premises, including elevators as set forth in Section 12(c) and utilities within the Building and the Premises including HVAC, electricity, water, and heat twenty-four hours per day, seven days per week. Landlord shall furnish the Premises with all utilities, and Landlord shall furnish heating, ventilation and air conditioning (“HVAC”) to the Premises in accordance with the standards set forth in Schedule 1 to Exhibit C Premises, between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. a.m., to 1:00 p.m. on Saturdays (“Business Hours”), of each week during the Term (Building Holidays excepted). During non-Business Hours, Landlord shall provide HVAC to the Premises as requested by Tenant and Tenant shall be billed for Landlord’s actual cost, without xxxx-up, for such service. Any non-Business Hours HVAC charges shall be billed monthly in arrears and shall be payable by Tenant within thirty (30) days of receipt of an invoice from Landlord. Landlord shall provide janitorial service to the Premises in accordance with the Janitorial Specifications attached hereto as Exhibit E, E five days per week except for Building Holidays. Landlord shall furnish electricity to Tenant for Tenant’s exclusive use on a twenty-four hour per day seven day a week basis in accordance with the standards set forth on such Schedule 1basis.
ii. Tenant agrees to pay monthly as Additional Rent (but not as an Operating Expense) all charges for electricity (to the extent the same is submetered) used by Tenant at the Premises. Tenant’s electricity consumption for lights, plugs and VAV’s shall be separately submetered as part of the Tenant Work (as defined in Exhibit C hereto). Tenant shall pay for the consumption of such electricity based upon its submetered usage, provided, however, Landlord shall be permitted to reasonably estimate such usage on a monthly basis but, not less frequently than annually, shall perform a reconciliation of paid amounts against actual amounts due from Tenant. Tenant shall be charged for such electricity based upon the consumption measured by submeter(s) at the rate Landlord is charged for same without xxxx-up or fee, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iii. In addition, Tenant agrees to pay as Additional Rent (but not part of Operating Expenses) Tenant’s Proportionate Share of all charges for electricity used for Common Facilities at the Property and not within tenantable areas of the Building based upon the metered or submetered usage. In no event will the charges under Section 12(a)(ii) or under this Section 12(a)(iii) as the case may be, duplicate any charges under any other provision. Tenant shall be charged for such electricity at the rate Landlord is charged for same without xxxx-up or fee, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iv. Tenant shall pay all bills for separately metered utility usage within thirty (30) days after receipt thereof, and any non-payment or late payment of such utility bills shall be subject to the remedies for failure to pay rent set forth in this Lease. To the extent Tenant is billed directly for any utility services by such provider, Tenant shall authorize such provider to provide Landlord upon Landlord’s request information about Tenant’s utility consumption and billing (including copies of bills).
v. Tenant’s use of electric energy in the Premises shall not at any time exceed the safe capacity of any of the electric conductors and equipment in or otherwise serving the Premises as set forth in Schedule 1 to Exhibit C. Premises. Tenant shall make commercially reasonable efforts to cooperate with Landlord to use electric energy and HVAC HV AC systems in a manner consistent with the Sustainability Standards and as required to obtain or maintain Building Certification; provided nothing in this Section shall authorize Landlord to make any changes in the Building or Premises that would have a material adverse effect on Tenant’s use of the Premises for the Permitted Use.
vi. If Landlord is in control of or obtains access to any alternative renewable energy source (“Alternative Energy”), Landlord shall have the option of providing such Alternative Energy to Tenant to satisfy Landlord’s obligations under this Section 12(a) at a rate not to exceed the average rate Tenant would have otherwise been charged had Landlord not provided such utility service by means of Alternative Energyto Landlord.
Appears in 2 contracts
Samples: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)
Services to the Premises. i. (a) Subject to the Rules and Regulations attached hereto as Exhibit G and unless access to the Premises is restricted by casualty, condemnation, Force Majeure or any governmental action, Tenant shall have access to the Premises 24 hours per day, 365 days per year, during the Lease Term.
(b) Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges, janitorial services, trash collection services, and other utilities and services used on or from the Premises, including elevators together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as set forth determined by Landlord, in Section 12(cits sole discretion. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be Additional Rent hereunder. In addition, if applicable, to the extent any utility is not separately metered to the Premises, Landlord may, at Tenant’s expense, install and shall have access to the Premises to monitor a separate meter (or submeter) to determine the actual use of any utility in the Premises or any shared common area and utilities including HVACmay make available and share actual whole-project energy and water usage data as necessary to maintain the Building's "green building" certification, if any. If there is no meter or submeter in the Premises, then, upon request, Tenant shall provide monthly utility usage to Landlord in electronic or paper format or provide permission for Landlord to request information regarding Tenant's utility usage directly from the utility company. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, and heat twenty-four hours per daysewer or gas, seven days per weekwhich is not previously providing such service to other tenants in the Building. Landlord shall furnish in no event be liable for any interruption or failure of utility services on or to the Premises. If Tenant is billed directly by a public utility with respect to Tenant's energy usage at the Premises, then, upon request, Tenant shall provide monthly energy utility usage for the Premises to Landlord for the period of time requested by Landlord (in electronic or paper format) or, at Landlord's option, provide any written authorization or other documentation required for Landlord to request information regarding Tenant's energy usage with all utilities, and Landlord shall furnish heating, ventilation and air conditioning (“HVAC”) respect to the Premises directly from the applicable utility company.
(c) At the time of Landlord’s approval of Tenant’s Final Working Drawings (as such term is defined in accordance with the standards set forth in Schedule 1 Work Letter) and of any proposed Alterations, Landlord may designate any improvements which Landlord reasonably believes will cause there to Exhibit C between 8:00 a.m. be wear and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturdays tear of any related dedicated HVAC system(s) or other building systems within the Premises or the Project (“Business HoursTenant’s Wear and Tear”) that is significantly greater than that which would be customary for premises being used for normal general office uses (“Normal Wear and Tear”), because of each week the hours during which such dedicated HVAC system(s) or building systems will be in use, the Term impact which equipment being operated by Tenant within the Premises will have on such dedicated HVAC system(s) or building systems, or other similar factors (Building Holidays exceptedthe extent to which Tenant’s Wear and Tear exceeds Normal Wear and Tear being referred to herein as “Excess Wear and Tear”). During non-Business HoursIf Landlord makes such a designation and Tenant constructs the improvements in question, Landlord shall provide then the incremental cost of operating the dedicated HVAC system(s) and/or building systems due to the Premises as requested by Tenant Excess Wear and Tenant Tear along with the incremental cost of maintaining, repairing and replacing all or any portion of the dedicated HVAC system(s) and/or building systems resulting from such Excess Wear and Tear shall be billed for Landlord’s actual cost, without xxxx-up, for such service. Any non-Business Hours HVAC charges shall be billed monthly in arrears and shall be payable paid by Tenant within thirty (30) days of receipt of an invoice after written demand from Landlord. Landlord as Additional Rental.
(d) HVAC shall provide janitorial service be supplied to the Premises in accordance with from 7:00 A.M. to 7:00 P.M. Monday through Friday and 8:00 A.M. to 1:00 P.M., Saturdays (collectively, the Janitorial Specifications attached hereto as Exhibit E“Business Hours”), five days per week except for Building the date of observation of New Year’s Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord’s good faith discretion, other state and nationally recognized holidays selected by Landlord (collectively, the “Holidays. ”); provided, however, that if Tenant desires HVAC to be provided to the Premises during hours (“Non-Business Hours”) other than Business Hours (“After Hours HVAC”), Tenant shall provide Landlord with prior written notice (which at a minimum shall furnish electricity be delivered not less than 24 hours prior to Tenant for Tenant’s exclusive use on a twenty-four hour per day seven day a week basis in accordance with the standards set forth on such Schedule 1.
ii. Tenant agrees to pay monthly as Additional Rent (but not as an Operating Expense) all charges for electricity (to the extent the same is submetered) used by Tenant at the Premises. Tenant’s electricity consumption for lights, plugs and VAV’s shall be separately submetered as part of the Tenant Work (as defined in Exhibit C heretodesired After Hours HVAC use). Tenant shall pay to Landlord an amount equal to twenty-five dollars ($25) per hour for each hour of After Hours HVAC supplied to Tenant hereunder (the consumption “After Hours HVAC Rate”) within ten (10) days of such electricity based upon its submetered usage, provided, however, receipt of a bill xxxrefor. Landlord shall be permitted may reasonably increase the After Hours HVAC Rate to reasonably estimate such usage on a monthly basis but, not less frequently than annually, shall perform a reconciliation of paid amounts against actual amounts due from Tenantreflect changes in costs following the Lease Commencement Date. Tenant shall be charged responsible for and shall pay to Landlord any additional costs (including, without limitation, the costs of installation of additional HVAC equipment) incurred by Landlord because of the failure of the HVAC system to perform its function due to the occupancy of the Premises by more than one (1) person per 150 feet of RSF of the Premises, arrangement of partitioning in the Premises or changes or alterations thereto or from any use by Tenant of heat-generating machinery or equipment other than normal office equipment.
(e) Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service or utility, or for any diminution in the quality or quantity thereof, whether such electricity based upon the consumption measured failure or delay or diminution is occasioned, in whole or in part, by submeter(s) repairs, replacements, or improvements, by Force Majeure, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the rate Landlord is charged for same without xxxx-up Building or feeProject, and by any accident or casualty whatsoever, by act or default of Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged or other parties, or by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iii. In addition, Tenant agrees to pay as Additional Rent (but not part of Operating Expenses) Tenant’s Proportionate Share of all charges for electricity used for Common Facilities at the Property and not within tenantable areas of the Building based upon the metered or submetered usage. In no event will the charges under Section 12(a)(ii) or under this Section 12(a)(iii) as the case may be, duplicate any charges under any other provision. Tenant cause; and such failures or delays or diminution shall never be charged for such electricity at the rate Landlord is charged for same without xxxx-up deemed to constitute an eviction or fee, and Tenant acknowledges that the rate charged to Tenant may be an average disturbance of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iv. Tenant shall pay all bills for separately metered utility usage within thirty (30) days after receipt thereof.
v. Tenant’s use of electric energy in the Premises shall not at any time exceed the safe capacity of any of the electric conductors and equipment in or otherwise serving the Premises as set forth in Schedule 1 to Exhibit C. Tenant shall make commercially reasonable efforts to cooperate with Landlord to use electric energy and HVAC systems in a manner consistent with the Sustainability Standards and as required to obtain or maintain Building Certification; provided nothing in this Section shall authorize Landlord to make any changes in the Building or Premises that would have a material adverse effect on Tenant’s use possession of the Premises for the Permitted Use.
vior, except as expressly provided in this Lease, relieve Tenant from paying Rent or performing any of its obligations under this Lease. If Landlord is in control of or obtains access to any alternative renewable energy source (“Alternative Energy”)Furthermore, Landlord shall have the option of providing such Alternative Energy to Tenant to satisfy Landlord’s obligations not be liable under this Section 12(a) at a rate not to exceed the average rate Tenant would have otherwise been charged had Landlord not provided such utility service by means of Alternative Energy.any circumstances
Appears in 1 contract
Samples: Lease Agreement (Lifelock, Inc.)
Services to the Premises. i. Tenant shall have access to the Premises, including elevators as set forth in Section 12(c) and utilities including HVAC, electricity, water, and heat twenty-four hours per day, seven days per week. Landlord shall furnish the Premises with all utilities, and Landlord shall furnish heating, ventilation and air conditioning (“HVAC”) to the Premises in accordance with the standards set forth in Schedule 1 to Exhibit C between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturdays (“Business Hours”), of each week during the Term (Building Holidays excepted). During non-Business Hours, Landlord Lessor shall provide HVAC to the Premises as requested by Tenant and Tenant shall be billed for Landlord’s actual cost, without xxxx-up, for such service. Any non-Business Hours HVAC charges shall be billed monthly in arrears and shall be payable by Tenant within thirty (30) days of receipt of an invoice from Landlord. Landlord shall provide janitorial service to the Premises in accordance with the Janitorial Specifications attached hereto as Exhibit E, five days per week except for Building Holidays. Landlord shall furnish electricity to Tenant for Tenant’s exclusive use on a twenty-four hour per day seven day a week basis in accordance with the standards set forth on such Schedule 1.
ii. Tenant agrees to pay monthly as Additional Rent (but not as an Operating Expense) all charges for electricity (to the extent the same is submetered) used by Tenant at the Premises. Tenant’s electricity consumption for lights, plugs and VAV’s shall be separately submetered as part of the Tenant Work Operating Costs of the Complex) while Lessee is occupying the Leased Premises. the following:
a. Hot and cold water at those points of supply provided for general use of other tenants in the Building; central heat and air conditioning in season, at such temperatures and in such amounts and at such times as are considered by Lessor to be standard (as defined subject, however, to modification in Exhibit C heretohours of operation, temperatures, or otherwise due to governmental laws, rules, or regulations). Tenant shall pay , but such service at times during the week days other than normal business hours for the consumption Building, and on Saturday afternoons, Sundays, and holidays to be furnished only upon the request of such electricity based upon its submetered usageLessee, who shall bear the entire cost thereof; routine maintenance and electric lighting service for all public areas, special service areas and Prorate Areas of the Building in the manner and to the extent deemed by Lessor to be standard.
b. Janitor service on a five (5) day week basis at no extra charge; provided, however, Landlord if Lessee's floor covering or other improvements are other than "Building Standard,' (as used herein refers to Building Standard Improvements and services as designated by Lessor at Lessor's sole discretion) Lessor shall be permitted clean the same provided Lessee shall pay to reasonably estimate such usage on Lessor the additional cleaning cost over the cost of cleaning Building Standard floor coverings or other improvements, if any, attributable thereto, as additional rent. Lessee shall pay said additional rent within ten (10) days of presentation of a monthly basis butstatement therefor by Lessor. and Lessee's failure to pay shall constitute default thereunder.
c. Electrical facilities to furnish sufficient power for typewriters, not less frequently than annuallyvoice writers, shall perform a reconciliation of paid amounts against actual amounts due from Tenant. Tenant shall be charged for such electricity based upon the consumption measured by submeter(s) at the rate Landlord is charged for same without xxxx-up or feecalculating machines, and Tenant acknowledges that the rate charged to Tenant may be an average other machines of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iii. In addition, Tenant agrees to pay as Additional Rent similar low electrical consumption (but not part of Operating Expenses) Tenant’s Proportionate Share of all charges for electricity used for Common Facilities at the Property and not within tenantable areas of the Building based upon the metered or submetered usage. In no event will the charges under Section 12(a)(ii) or under this Section 12(a)(iii) as the case may be, duplicate any charges under any other provision. Tenant shall be charged for such electricity at the rate Landlord is charged for same without xxxx-up or fee, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iv. Tenant shall pay all bills for separately metered utility usage within thirty (30) days after receipt thereof.
v. Tenant’s use of electric energy in the Premises shall not at any time exceed the safe capacity of any of the electric conductors and equipment in or otherwise serving the Premises as set forth in Schedule 1 to Exhibit C. Tenant shall make commercially reasonable efforts to cooperate with Landlord to use electric energy and HVAC systems in a manner consistent with the Sustainability Standards and as required to obtain or maintain Building Certification; provided nothing in this Section shall authorize Landlord to make any changes in the Building or Premises that would have a material adverse effect on Tenant’s use of the Premises for the Permitted Use.
vi. If Landlord is in control of or obtains access to any alternative renewable energy source (“Alternative Energy”), Landlord shall have the option of providing such Alternative Energy to Tenant to satisfy Landlord’s obligations under this Section 12(a) at a rate total consumption not to exceed the average rate Tenant would have otherwise been charged had Landlord one watt per square foot of Net Rentable Area per month); but not provided such utility service by means including electricity required for duplicating and electronic data processing equipment, special lighting in excess of Alternative Energy.Building Standard, and any other item of electrical equipment which (singly) consumes more than 0.5 kilowatts at rated capacity or requires a voltage other than 120 volts single
Appears in 1 contract
Services to the Premises. i. (a) Subject to the Rules and Regulations attached hereto as Exhibit G and unless access to the Premises is restricted by casualty, condemnation, Force Majeure or any governmental action, Tenant shall have access to the Premises 24 hours per day, 365 days per year, during the Lease Term.
(b) Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges, janitorial services, trash collection services, and other utilities and services used on or from the Premises, including elevators together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such equitable proportion of all charges jointly metered with other premises as set forth determined by Landlord, in Section 12(cits reasonable discretion. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of Tenant’s receipt of written demand (which written demand shall include reasonable documented evidence of such charges) and utilities including HVACshall be Additional Rent hereunder. In addition, if applicable, to the extent any utility is not separately metered to the Premises, Landlord may, at Landlord’s expense, install and shall have access to the Premises to monitor a separate meter (or submeter) to determine the actual use of any utility in the Premises. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, and heat twenty-four hours per daysewer or gas, seven days per weekwhich is not previously providing such service to other tenants in the Buildings. Landlord shall furnish in no event be liable for any interruption or failure of utility services on or to the Premises. If Tenant is billed directly by a public utility with respect to Tenant's energy usage at the Premises, then, upon request, Tenant shall provide monthly energy utility usage for the Premises to Landlord for the period of time requested by Landlord (in electronic or paper format) or, at Landlord's option, provide any written authorization or other documentation required for Landlord to request information regarding Tenant's energy usage with all utilities, and Landlord shall furnish heating, ventilation and air conditioning (“HVAC”) respect to the Premises directly from the applicable utility company.
(c) At the time of Landlord’s approval of Tenant’s Final Working Drawings (as such term is defined in accordance with the standards set forth in Schedule 1 Work Letter) and of any proposed Alterations, Landlord may designate any improvements which Landlord reasonably believes will cause there to Exhibit C between 8:00 a.m. be wear and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturdays tear of any related dedicated HVAC system(s) or other building systems within the Premises or the Project (“Business HoursTenant’s Wear and Tear”) that is significantly greater than that which would be customary for premises being used for normal general office uses (“Normal Wear and Tear”), because of each week the hours during which such dedicated HVAC system(s) or building systems will be in use, the Term impact which equipment being operated by Tenant within the Premises will have on such dedicated HVAC system(s) or building systems, or other similar factors (Building Holidays exceptedthe extent to which Tenant’s Wear and Tear exceeds Normal Wear and Tear being referred to herein as “Excess Wear and Tear”). During non-Business HoursIf Landlord makes such a designation and Tenant constructs the improvements in question, Landlord shall provide then the incremental cost of operating the dedicated HVAC system(s) and/or building systems due to the Premises as requested by Tenant Excess Wear and Tenant Tear along with the incremental cost of maintaining, repairing and replacing all or any portion of the dedicated HVAC system(s) and/or building systems resulting from such Excess Wear and Tear shall be billed for Landlord’s actual cost, without xxxx-up, for such service. Any non-Business Hours HVAC charges shall be billed monthly in arrears and shall be payable paid by Tenant within thirty (30) days after written demand from Landlord as Additional Rental.
(d) HVAC shall be supplied to (i) the 301 Premises and the 321 Premises from 7:30 A.M. to 7:30 P.M. Monday through Friday and 9:00 A.M. to 1:00 P.M., Saturday and (ii) the 331 Premises from 7:00 A.M. to 7:00 P.M. Monday through Friday and 9:00 A.M. to 1:00 P.M., Saturday (collectively, the “Business Hours”), except for the date of receipt observation of an invoice from New Year’s Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord. ’s good faith discretion, other state and nationally recognized holidays selected by Landlord shall provide janitorial service (collectively, the “Holidays”); provided, however, that if Tenant desires HVAC to be provided to the Premises in accordance during hours (“Non-Business Hours”) other than Business Hours (“After Hours HVAC”), Tenant shall provide Landlord with the Janitorial Specifications attached hereto as Exhibit E, five days per week except for Building Holidays. Landlord prior written notice (which at a minimum shall furnish electricity to Tenant for be 24 hours’ written notice of Tenant’s exclusive desired After Hours HVAC use on a twenty-four hour per day seven day a week basis in accordance with the standards set forth on and upon such Schedule 1.
ii. Tenant agrees to pay monthly additional conditions as Additional Rent (but not as an Operating Expense) all charges for electricity (to the extent the same is submetered) used by Tenant at the Premises. Tenant’s electricity consumption for lights, plugs and VAV’s shall be separately submetered as part of the Tenant Work (as defined in Exhibit C hereto)determined by Landlord from time to time. Tenant shall pay to Landlord an amount equal to twenty-five dollars ($25) per hour for each hour of After Hours HVAC supplied to Tenant hereunder (the consumption “After Hours HVAC Rate”) within ten (10) days of receipt of a xxxx therefor. Tenant acknowledges and agrees that Landlord has made no representation or warranty regarding the ability of the Buildings’ HVAC systems to sufficiently cool the Premises.
(e) Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service or utility, or for any diminution in the quality or quantity thereof, whether such electricity based upon failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by Force Majeure, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Buildings or Project, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or, except as expressly provided in this Lease, relieve Tenant from paying Rent or performing any of its submetered usage, provided, howeverobligations under this Lease. Furthermore, Landlord shall not be permitted to reasonably estimate such usage on liable under any circumstances for a monthly basis butloss of, not less frequently than annuallyor injury to, shall perform a reconciliation of paid amounts against actual amounts due from Tenant. Tenant shall be charged property or for such electricity based upon the consumption measured by submeter(s) at the rate Landlord is charged for same without xxxx-up injury to, or feeinterference with, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iii. In addition, Tenant agrees to pay as Additional Rent (but not part of Operating Expenses) Tenant’s Proportionate Share business, including, without limitation, loss of all charges for electricity used for Common Facilities at the Property and not within tenantable areas profits, however occurring, through or in connection with or incidental to a failure of the Building based upon the metered or submetered usage. In no event will the charges under Section 12(a)(ii) or under this Section 12(a)(iii) as the case may be, duplicate any charges under any other provision. Tenant shall be charged for such electricity at the rate Landlord is charged for same without xxxx-up or fee, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iv. Tenant shall pay all bills for separately metered utility usage within thirty (30) days after receipt thereof.
v. Tenant’s use of electric energy in the Premises shall not at any time exceed the safe capacity of receive any of the electric conductors and equipment in services or otherwise serving the Premises utilities as set forth in Schedule 1 this Section 22. Notwithstanding the foregoing, if (i) there is a loss of utilities to Exhibit C. the Premises which is solely the result of Landlord’s failure to perform the obligations required of Landlord under the terms of this Lease to provide utilities to the Premises or is within Landlord’s reasonable control to correct, and (ii) such failure causes all or a portion of the Premises to be untenantable and unusable by Tenant (except to the extent such failure is due to the failure of a utility company to provide its utility to the Building), Tenant shall make commercially reasonable efforts give Landlord notice (the “Abatement Notice”), specifying such failure to cooperate with perform by Landlord to (the “Abatement Event”). If Landlord has not cured such Abatement Event within five (5) Business Days after the receipt of the Abatement Notice, Tenant may immediately xxxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period from the commencement of such Abatement Event until the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use electric energy and HVAC systems in a manner consistent with of such portion of the Sustainability Standards and as required to obtain or maintain Building CertificationPremises; provided nothing that if the entire Premises has not been rendered untenantable and unusable by the Abatement Event, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises (which shall be based on a ratio of the square feet of rentable area rendered untenantable and unusable to all of the rentable area leased by Tenant) so rendered untenantable and unusable and not used by Tenant. Such right to xxxxx Rent shall be Tenant's sole and exclusive right to xxxxx Rent as the result of an Abatement Event, but shall not otherwise limit Tenant's remedies for an Abatement Event. Except as provided in this Section shall authorize Landlord to make any changes in the Building or Premises that would have a material adverse effect on Tenant’s use of the Premises for the Permitted Use.
vi. If Landlord is in control of or obtains access to any alternative renewable energy source (“Alternative Energy”22(e), Landlord nothing contained herein shall have the option of providing such Alternative Energy be interpreted to mean that Tenant to satisfy Landlord’s obligations under this Section 12(a) at a rate not to exceed the average rate Tenant would have otherwise been charged had Landlord not provided such utility service by means of Alternative Energyis excused from paying Rent due hereunder.
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Samples: Lease Agreement (Atlassian Corp PLC)
Services to the Premises. i. Tenant shall have access to the Premises, including elevators as set forth in Section 12(c) and utilities including HVAC, electricity, water, and heat twenty-four hours per day, seven days per week. Landlord shall furnish the Premises with all utilities, and Landlord shall furnish heating, ventilation and air conditioning (“HVAC”) to the Premises in accordance with the standards set forth in Schedule 1 to Exhibit C between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturdays (“Business Hours”), of each week during the Term (Building Holidays excepted). During non-Business Hours, Landlord Lessor shall provide HVAC to the Premises as requested by Tenant and Tenant shall be billed for Landlord’s actual cost, without xxxx-up, for such service. Any non-Business Hours HVAC charges shall be billed monthly in arrears and shall be payable by Tenant within thirty (30) days of receipt of an invoice from Landlord. Landlord shall provide janitorial service to the Premises in accordance with the Janitorial Specifications attached hereto as Exhibit E, five days per week except for Building Holidays. Landlord shall furnish electricity to Tenant for Tenant’s exclusive use on a twenty-four hour per day seven day a week basis in accordance with the standards set forth on such Schedule 1.
ii. Tenant agrees to pay monthly as Additional Rent (but not as an Operating Expense) all charges for electricity (to the extent the same is submetered) used by Tenant at the Premises. Tenant’s electricity consumption for lights, plugs and VAV’s shall be separately submetered as part of the Tenant Work Operating Costs of the Complex) while Lessee is occupying the Leased Premises, the following:
a. Hot and cold water at those points of supply provided for general use of other tenants in the Building; central heat and air conditioning in season, at such temperatures and in such amounts and at such times as are considered by Lessor to be standard (as defined subject, however, to modification in Exhibit C heretohours of operation, temperatures, or otherwise due to governmental laws, rules, or regulations). Tenant shall pay , but such service at times during the week days other than normal business hours for the consumption Building, and on Saturday afternoons, Sundays, and holidays to be furnished only upon the request of such electricity based upon its submetered usageLessee, who shall bear the entire cost thereof; routine maintenance and electric lighting service for all public areas, special service areas and Prorate Areas of the Building in the manner and to the extent deemed by Lessor to be standard.
b. Janitor service on a five (5) day week provided, however, Landlord if Lessee's floor covering or other improvements are other than "Building Standard," (as used herein refers to Building Standard Improvements and services as designated by Lessor at Lessor's sole discretion) Lessor shall be permitted to reasonably estimate such usage on a monthly basis but, not less frequently than annually, shall perform a reconciliation of paid amounts against actual amounts due from Tenant. Tenant shall be charged for such electricity based upon clean the consumption measured by submeter(s) at the rate Landlord is charged for same without xxxx-up or fee, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iii. In addition, Tenant agrees to pay as Additional Rent (but not part of Operating Expenses) Tenant’s Proportionate Share of all charges for electricity used for Common Facilities at the Property and not within tenantable areas of the Building based upon the metered or submetered usage. In no event will the charges under Section 12(a)(ii) or under this Section 12(a)(iii) as the case may be, duplicate any charges under any other provision. Tenant shall be charged for such electricity at the rate Landlord is charged for same without xxxx-up or fee, and Tenant acknowledges that the rate charged to Tenant may be an average of the rates charged by the electricity provider as the rate charged for electricity supplied to the Property varies depending on service and hours of consumption.
iv. Tenant provided Lessee shall pay all bills for separately metered utility usage within thirty (30) days after receipt thereof.
v. Tenant’s use to Lessor the additional cleaning cost over the cost of electric energy in the Premises shall not at any time exceed the safe capacity of any of the electric conductors and equipment in cleaning Building Standard floor coverings or otherwise serving the Premises other improvements, if any, attributable thereto, as additional rent as set forth in Schedule 1 above. -Lessee shall pay said additional rent within ten (10) days of presentation of a statement therefor by Lessor, and Lessee's failure to Exhibit C. Tenant pay shall make commercially reasonable efforts to cooperate with Landlord to use electric energy and HVAC systems in a manner consistent with the Sustainability Standards and as required to obtain or maintain Building Certification; provided nothing in this Section shall authorize Landlord to make any changes in the Building or Premises that would have a material adverse effect on Tenant’s use of the Premises for the Permitted Useconstitute default thereunder.
vi. If Landlord is in control c. Electrical facilities to furnish sufficient power for typewriters, voice writers, calculating machines, and other machines of or obtains access to any alternative renewable energy source similar low electrical consumption (“Alternative Energy”), Landlord shall have the option of providing such Alternative Energy to Tenant to satisfy Landlord’s obligations under this Section 12(a) at a rate total consumption not to exceed the average rate Tenant would have otherwise been charged had Landlord one watt per square foot of Net Rentable Area per month); but not provided such utility service by means of Alternative Energy.including electricity required for duplicating and electronic
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