Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory manner.
Appears in 2 contracts
Samples: Office Lease (Eddie Bauer Holdings, Inc.), Office Lease (Eddie Bauer Holdings, Inc.)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below12.3) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Bank of America Building as a first-class office and retail building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's ’s officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsTenant. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays holidays ("“Regular Business Hours"”), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "“Standard Services"”). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services)Landlord, shall be paid by Tenant in the same manner as provided in Section 4.1 5 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Bank of America Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 5 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory manner.
Appears in 2 contracts
Samples: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for normal office use, including lighting and operation of low power usage office machinesmachines and the power requirements for the Permitted Uses, water, heat, air conditioning water and elevator service at all times during the Lease Term. Landlord shall also provide lamp replacement service for building standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. The current customary building janitorial specifications are attached as Exhibit E and may be amended from time to time by Landlord, consistent with maintaining a Class A office building in Bellevue, Washington. Tenant shall have the right, upon thirty (30) days' prior written notice to Landlord, to increase or decrease the scope of janitorial services from time to time, and any resulting increases or decreases in Landlord's actual costs of such services shall be paid by or credited to Tenant, respectively; provided, however, Tenant shall not have the right to obtain such services from any other provider, and any such increased service shall be within the services Landlord is customary reasonably able to provide and anticipated by tenants any such decreased service shall not impair Tenant's obligation to maintain the Premises in a first-class condition typically associated with Class A office building buildings. No janitorial service shall be provided Saturdays, Sundays or legal holidays. The costs of any janitorial or other service provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants shall be repaid by Tenant as Additional Rent upon receipt of xxxxxxxx therefor. From 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon Saturday, excluding New Years' Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day (the "Standard ServicesNORMAL BUSINESS HOURS"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lightingto the Premises. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Normal Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services)from time to time, shall be paid by Tenant in as Additional Rent upon receipt of xxxxxxxx therefor. Tenant shall have control over activation of heat and air conditioning within the same manner as provided in Section 4.1 abovePremises at times other than Normal Business Hours. During other than Normal Business Hours, Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition may restrict access to the services ordinarily Building in accordance with the Building's security system, provided Building tenants or is excessive relative to services provided to other tenants in the Building generallythat, except when precluded for reasons beyond Landlord's reasonable control, Tenant shall reimburse have at all times during the Lease Term (24 hours of all days) reasonable access to the Premises. Landlord upon demand for may provide access to the additional cost resulting from such servicesBuilding during other than Normal Business Hours by a cardkey access system with control points at the garage parking entrance, which shall be paid by Tenant building front entry, and in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerthree building elevator cabs.
Appears in 1 contract
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause maintain the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained Building in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown BellevueSeattle, except for damage occasioned by any act or omission Washington. Landlord shall also maintain, repair and replace all structural components of Tenant or Tenant's officersthe Building, contractorsincluding, agents, invitees, licensees or employeeswithout limitation, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants foundations, bearing and their officersexterior walls, contractorssubflooring, agentsroof, inviteesunexposed electrical, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidaysplumbing and sewage systems, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours")heating ventilation and air conditioning systems. Landlord shall also maintain in good condition and repair, elevators, alarm monitoring, building systems, including without limitation parking areas, lobbies, stairwells, restrooms and outdoor landscaping. Landlord shall furnish the Leased Premises with electricity utilities and services for normal office use, including the following: electricity; lighting and operation of low power usage office machines; natural gas; water; passenger and freight elevator service; hot and cold water for drinking, waterrestroom and office cleaning purposes; sanitary sewer service; sprinkler riser monitoring; heating, heat, ventilation and air conditioning conditioning; local telephone service; and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, utility services used in the Premises at all times during the Term of the Lease or any extension thereof. Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent the Building’s standard light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals intervals, and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no service. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense costs of any janitorial or other services provided or caused to be service provided by Landlord to Tenant in addition to which are not provided under the terms of this Lease and are not services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner Xxxxxx as provided for payment in Section 4.1 aboveAdditional Rent upon receipt of xxxxxxxx. Standard Services Landlord shall not include be obligated to repair or replace any security services exclusively fixtures or equipment installed by or for Tenant within the Leased Premises. General security services will and Landlord shall not be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not obligated to make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided repair or replacement caused by Landlord will be effective in preventing any harm, both physical and economic, to negligent or otherwise wrongful act or omission of Tenant or any of Tenant's employees ’s employees, agents, invitees, or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerlicensees.
Appears in 1 contract
Samples: Lease Agreement
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below12.3) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Bank of America Building as a first-class office and retail building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's ’s officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsTenant. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("“Regular Business Hours"”), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "“Standard Services"”). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services)Landlord, shall be paid by Tenant in the same manner as provided in Section 4.1 5 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Bank of America Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 5 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory manner.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Standard Services. As long as Tenant is not in default under any of Landlord agrees to furnish to the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From during regular business hours from 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, Mondays through Fridays and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises1:00 p.m. Saturdays, except for Holidays, as the same are defined in Exhibit E, and subject to the Rules and Regulations of the Building as set forth in Exhibit E, and subject to the rules and regulations of the Building, reasonably adopted by the Landlord in accordance with Article 9 of this Lease, heat and air conditioning for the use and lightingoccupancy of the Premises, passenger elevator service and freight elevator service, subject to scheduling by Landlord, limited access security system and electrical power consistent with Exhibit I attached hereto. If requested Landlord shall also furnish: (i) electric current to be supplied for lighting the Premises and public halls and for the operation of Ordinary Office Equipment, as defined below; (ii) janitorial and cleaning services, and (iii) domestic water in reasonable quantity. Elevator service shall mean service either by non-attended automatic elevators or elevators with attendants at the option of Landlord. Landlord shall also furnish to the Premises (at rates reasonably set by Landlord) not in excess of Landlord's reasonable estimate of the actual costs thereof, heating and air conditioning (HVAC) during times other than regular business hours and such other items as are not provided for herein, provided Tenant gives Landlord not less than twenty-four (24) hours notice of Tenant's needs for such additional heating or air conditioning. Notwithstanding the above, Landlord shall use reasonably efforts to furnish the Premises with heating and air conditioning in less than twenty-four (24) hours notice. Landlord shall also, at said times, maintain and keep lighted the common stairs, entries, and toilet rooms in the Building that would reasonably be subject to use by Tenant, Landlord shall furnish heat its agents and air conditioning and lighting at times employees during other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 aboveregular business hours. Landlord also has the right to charge Tenant for energy costs (in amounts not in excess of Landlord's reasonable estimate of the actual costs thereof) incurred because of Tenant's above Building average usage at any time or by reason of usage of the Premises or the Building during other than regular business hours. For purposes hereof, Ordinary Office Equipment shall provide lamp replacement service include current (or comparable to current) everyday office equipment, both in size of the equipment and number of units utilized within the Premises, for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service office tenants in the Leased Premises consistent with those services in other first-first class office buildings as part of the Standard Servicesin Broomfield, although no janitorial service Colorado and shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial specifically exclude computers or other services provided equipment that require special cooling, venting or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand generators for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Costoperation thereof. Landlord has not and does not make any representations Tenant acknowledge that there may be special twenty-four (24) hour HVAC and electrical power requirements for the customer service area as approved pursuant to Tenant Exhibit C hereof and assumes no responsibility to Tenant that the security services that are provided by Landlord will checkmeters or submeters may be effective installed in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerconjunction therewith.
Appears in 1 contract
Samples: Office Lease (McData Corp)
Standard Services. As long as Tenant is not in default under any of Landlord agrees to furnish to the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From during regular business hours from 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, Mondays through Fridays and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises1:00 p.m. Saturdays, except for holidays as the same are determined by Landlord, and subject to the rules and regulations of the Building, heat and air conditioning for the use and lightingoccupancy of the Premises, passenger elevator service and freight elevator service, subject to scheduling by Landlord. If requested by Tenant, Landlord shall furnish heat also furnish: (i) electric current to be supplied for lighting the Premises and public halls, and for the operation of ordinary office equipment, exclusive of heavy-duty equipment and computers, copying equipment which is not standard for general offices, or comparable equipment; (ii) janitorial and cleaning services, and (iii) domestic water in reasonable quantity. Elevator service shall mean service either by non-attended automatic elevators or elevators with attendants at the option of Landlord. Landlord shall also furnish, at rates set from time to time as reasonably determined by Landlord (reflecting actual costs of such additional HVAC), heating and air conditioning and lighting such other items as are not provided for herein, provided if Tenant does not have special HVAC controls for its Premises, then Tenant shall give Landlord reasonable prior notice of Tenant’s needs for such additional heating or air conditioning and Landlord shall use all reasonable efforts to provide same. Landlord shall also, at times said times, maintain and keep lighted the common stairs, entries, and toilet rooms in the Building that would reasonably be subject to use by Tenant, its agents and employees during other than Regular Business Hours and regular business hours. Landlord also has the cost right to charge Tenant for energy costs incurred because of such servicesTenant’s above Building average usage or by reason of usage of the Premises or the Building during other than regular business hours. However, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Landlord charge Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service more for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays excess utilities or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to after hours HVAC than it charges other tenants in the Building generallyfor such usage. Furthermore, if Landlord were to grant any tenant longer regular business hours, then such hours shall also be applicable to Tenant. Tenant shall reimburse Landlord upon demand agrees to pay for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant excess HVAC within the Leased Premises. General security services will be provided in a manner consistent with the nature fifteen (15) days of the Projectbilling therefor, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations such billing to Tenant and assumes occur no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannermore frequently than monthly.
Appears in 1 contract
Samples: Office Lease (Gaiam Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause maintain the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained Building in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except Washington. Landlord shall furnish the Premises with electricity for damage occasioned by any act or omission normal office use, including lighting and operation of Tenant or Tenant's officerslow power usage office machines, contractorswater and elevator service at all times during the term of the Lease. Landlord shall also provide lamp replacement service for building standard light fixtures, agentstoilet room supplies, inviteeswindow washing at reasonable intervals, licensees or employees, the repair of which and customary building janitorial service. No janitorial service shall be paid for provided Saturdays, Sundays or legal holidays. The costs of any janitorial or other service provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants shall be repaid by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsAdditional Rent upon receipt of xxxxxxxx therefor. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays holidays ("Regular Normal Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for Premises heat and air conditioning and lightingconditioning. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Normal Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services)Landlord, shall be paid by Tenant as Additional Rent upon receipt of xxxxxxxx therefor. The current cost for after-hours heating and air conditioning is $10.00 per hour. This rate shall be adjusted by Landlord from time to time to reflect actual costs incurred in the same manner as provided in Section 4.1 aboveprovision of such service. During other than Normal Business Hours, Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition may restrict access to the services ordinarily Building in accordance with the Building's security system, provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, that Tenant shall reimburse Landlord upon demand for have at all times during the additional cost resulting from such services, which shall be paid by Tenant in term of this Lease (24 hours of all days) reasonable access to the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory manner.
Appears in 1 contract
Samples: Lease Agreement (Infoseek Corp /De/)
Standard Services. As long as Tenant is not in default under any of Subject to the provisions of this Lease, Landlord agrees to furnish (or cause a third party provider to furnish) as an Operating Expense (as set forth in Section 4.D.), the following services to Tenant during the Term:
(1) Water service for use in the lavatories on each floor on which the Premises are located.
(2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as required by governmental authority or as Landlord determines are standard for the Building. Tenant upon such notice as is reasonably required by Landlord, and subject to the capacity of the Building systems, may request HVAC service during hours other than Normal Business Hours. Tenant shall cause pay Landlord for such additional service at a rate equal to $60.00 per requested hour of operation per floor (the Leased "Hourly HVAC Charge") Landlord shall have the right, upon 30 days prior written notice to Tenant, to adjust the Hourly HVAC Charge from time to time, but not more than once per calendar year, based upon increases in HVAC costs, which costs include utilities, taxes, surcharges, labor, equipment, maintenance and repair.
(3) Maintenance and repair of the Property as described in Section 9.B.
(4) Janitorial service five days per week (excluding Holidays), as determined by Landlord. If Tenant's use of the Premises, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services.
(5) Elevator service, subject to proper authorization and Landlord's policies and procedures for use of the elevator(s) in the Building.
(6) Exterior window washing at such intervals as determined by Landlord.
(7) Electricity to the Premises (for general office use, in accordance with Section 10.3 below) and subject to the public terms and common areas of the Building, conditions in Article 8.
(and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition 8) On-site building safety personnel services consistent with comparable buildings in the operation Fort Worth, Texas area from 7:00 a.m. to 7:00 p.m. on weekdays other than Holidays, subject to the provisions of Section 5.C.
(9) Landlord agrees that the above-described services and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Servicesits components, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services)Common Areas, shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative comparable to services and maintenance provided to other tenants comparable office buildings in Fort Worth, Texas, taking into account age, size and other relevant operating factors during the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include Term (arid any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant renewals or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerextensions thereof).
Appears in 1 contract
Standard Services. As long Landlord shall furnish: -----------------
(a) Cooled or heated air as Tenant is not and when necessary for normal comfort as reasonably determined by Landlord under normal business operations and in default under any the absence of the provisions use of this Lease, Landlord shall cause equipment or quantity of inhabitants which materially affects the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to temperature which would otherwise be maintained in reasonably good order the Premises, Monday through Friday from 8:00 am. to 6:00 p.m. and condition consistent with Saturdays from 8:00 am. to 1:00 p.m., Holidays (as defined below) excepted. If the operation use of heat generating equipment in the Premises materially affects the temperatures otherwise maintained by the air conditioning system for normal business operations, and maintenance thereby requires, in the reasonable judgment of Landlord, the modification of the air conditioning or ventilation systems of the Building as a first-class office building or the air conditioning or ventilating equipment in downtown Bellevue, except for damage occasioned by any act the Premises or omission the installation of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, supplementary air conditioning units in the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours")Premises, Landlord shall furnish reserves the Leased Premises with electricity for lighting and operation of low power usage office machinesright to perform such modification or installation, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), thereof shall be paid by Tenant to Landlord at the time of completion of such modification or installation. Any increased expense in maintaining or operating the same manner as provided system resulting, in Section 4.1 above. Landlord also Landlord's reasonable opinion, from such modification shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed be paid by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generallyIn addition, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall all direct and indirect costs of installation and maintenance of any supplementary air conditioning equipment or units installed in accordance with this Section 8.1(a). Tenant agrees to keep and cause to be paid by Tenant kept closed all windows in the same manner Premises and at all times to cooperate fully with Landlord in the operation of said system and to abide by all reasonable regulations and requirements which Landlord may prescribe to permit the proper functioning and protection of the heating, ventilation and air conditioning systems. For purposes of this Lease, "Holidays" means those federal or state holidays which Landlord, in its sole discretion, designates to Tenant as provided "Holidays" for payment in Section 4.1 above. Standard Services purposes of this Lease, such designation being subject to change from time to time; provided, Landlord shall not include designate any security services exclusively for day as a Holiday unless a substantial number of first-class Chicago office buildings recognize such day as a holiday. Tenant within hereby acknowledges that the Leased Premises. General security services will be provided in a manner consistent with the nature windows of the ProjectPremises are sealed, and its cost will that the temperature conditions in the Premises may cause the Premises to become uninhabitable during the times when Landlord is not required pursuant to this paragraph to furnish heat, ventilation or air conditioning, unless after hours heating, ventilating and/or cooling is provided to the Premises pursuant to Section 8.4. Such condition of the Premises shall not constitute nor be allocated as deemed to be a Building and/or Project Operating Cost. Landlord has not and does not breach or a violation of this Lease or of any provision hereof, nor shall it be deemed an eviction nor shall Tenant claim or be entitled to claim any abatement or reduction of Rent nor make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided claim for any damages or compensation by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any reason of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features such condition of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerPremises.
Appears in 1 contract
Samples: Office Space Lease (Noosh Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for normal office use, including lighting and operation of low power usage office machines, watercomputers, heatphotocopy machines, air conditioning and elevator other machinery and equipment normally used in offices, not to exceed, however, 6.2 Va per square foot. Landlord shall also furnish hot and cold water sufficient for drinking, lavatory, toilet and ordinary cleaning purposes to be drawn from approved fixtures on the plans and specifications for the Premises approved in writing by Landlord. Landlord shall furnish the Premises with automatic passenger elevators as currently exist in the Premises on the date of signing of this Lease at all times during the term of the Lease and extermination and pest control, when necessary. Landlord shall also provide lamp replacement service for building standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. No janitorial service shall be provided Saturdays, Sundays or legal holidays. The costs of any janitorial or other service provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants shall be repaid by Tenant as is customary part of the Pass Through Expenses upon receipt of bxxxxxxx therefor. From 7:00 a.m. to 6:00 p.m. on weekdays and anticipated by tenants in a first-class office building from 8:00 a.m. to 1:00 p.m. on Saturdays, excluding legal holidays (the "Standard Services"“Normal Business Hours”). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for Premises heat and air conditioning and lightingsuitable for normal office operations, subject to the provisions of Paragraph 9 (c) below. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Normal Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services)Landlord, shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service Pass Through Expenses upon receipt of bxxxxxxx therefor. After hours HVAC shall be provided for Saturdaysavailable initially at $35.00 per hour, Sundays or legal holidayswhich amount shall be adjusted from time to time to reflect changes in utility rates and Landlord costs. The cost and expense of any janitorial or Server Units shall operate 24 hours per day at additional charges to Tenant. During other services provided or caused to be provided by than Normal Business Hours, Landlord to Tenant in addition may restrict access to the services ordinarily Building in accordance with the Building’s security system, provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, that Tenant shall reimburse Landlord upon demand for have at all times during the additional cost resulting from such services, which shall be paid by Tenant in term of this Lease (24 hours of all days) reasonable access to the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security Janitorial services will be provided in accordance with Landlord’s specifications adopted from time to time, a manner copy of which is attached hereto and made a part hereof as Exhibit F and shall be consistent with first class office buildings in downtown Seattle, Washington. The Building has a card key access system. The suite uses a key fob that is compatible with the nature of Building system. The card key access system currently in the ProjectPremises shall remain at no additional cost to Tenant. Landlord shall maintain the common areas in a first class manner comparable to other first class office buildings in the Seattle, Washington area. The maintenance shall include, without limitation, cleaning, HVAC, illumination; snow shoveling, deicing, repairs, replacements, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerlandscaping.
Appears in 1 contract
Samples: Sublease (Marchex Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause to be maintained the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the BuildingBuildings, (and the Project Common Areas), including the such as lobbies, elevators, stairs, corridors and rest roomsrestrooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building Buildings as a first-class office building buildings in downtown BellevueSeattle, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsWashington. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for normal office use, including lighting and operation of personal computers, low power usage office machines, heating, cooling and ventilation services, hot and cold running water, heat, air conditioning and elevator service as is customary at all times and anticipated by tenants in a first-class office building during all hours (24/7) during the "Standard Services")term of the Lease, subject to the provisions below regarding payment for usage outside of Normal Business Hours, and for separately metered utilities. During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent building standard light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals intervals, locker room cleaning, and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no five (5) days each week. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense Rent stated in Section l.f hereof does not include the costs of any janitorial or other services provided or caused to be provided by Landlord to Tenant which are in addition to the services described herein or ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generallytenants, Tenant shall reimburse Landlord upon demand and such costs for the additional cost resulting from such services, which if any, shall be paid by Tenant in as Additional Rent on the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature first day of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that month following the security month in which such additional services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floorinvoiced. Tenant shall pay any all separately metered utilities. From 7:00 a.m. to 6:00 p.m. on Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, excluding Sundays and legal holidays (“Normal Business Hours”), Landlord shall furnish to the Premises heat and air conditioning. If requested by Tenant with reasonable advance notice, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours and the actual cost of such services shall be paid by Tenant as Additional Rent. During other than Normal Business Hours, Landlord may restrict access to the Buildings in accordance with the Buildings’ security system, provided that Tenant shall have at all costs required times during the term of this Lease (24 hours of all days) reasonable access to implement the features Premises, Data Center, Specific Common Areas and necessary Common Area access ways. Notwithstanding the foregoing, Landlord shall also provide HVAC, lighting and utilities to Tenant’s Data Center, to the call center on the third floor, and to the IDF rooms on the third and seventh floors, twenty four hours a day, every day; provided Tenant shall pay for such HVAC, lighting and utilities after Normal Business Hours, as provided herein, and for metered utilities. Landlord shall provide lighting to the bike rack area. The Data Center will be secured with key card access as part of the system by which Tenant may make temporary adjustments Improvements and bike rack area will be secure with key card access, or regular keys, depending on a zone by zone basis on each floor its location. Any services provided by Landlord under this Section 6.4 utility and service costs that are invoiced directly to Tenant (i.e. after hours HVAC, lighting and utilities shall be applied consistently and in a nondiscriminatory mannerbilled to Tenant at Landlord’s actual cost, without xxxx-up or overhead.)
Appears in 1 contract
Samples: Lease Agreement (Blue Nile Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and maintain the public and common areas of the Project and the Building, (and the Project Common Areas), including the such as lobbies, elevators, stairs, corridors and rest roomsrestrooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevuecondition and state of repair consistent with Comparable Buildings, except for damage occasioned by any act the acts or omission omissions of the Tenant or Tenant's officersParties, contractors, agents, invitees, licensees or employees, the repair of which shall be paid repaired at Tenant’s sole cost and expense except to the extent the cost of such repair is covered by insurance carried by Landlord (or would have been covered had Landlord carried the insurance required to be carried hereunder). Landlord shall be solely responsible for providing janitorial services to the Premises comparable to janitorial services provided in Comparable Buildings. Notwithstanding the foregoing, Tenant may elect, from time to time with respect to any calendar month(s), by Tenant ,so long delivery of written notice to Landlord not less than forty-five (45) calendar days prior to the commencement of such month(s), to be responsible for providing janitorial services to the Premises, or to a portion thereof as damage occasioned specified in such notice, which janitorial services shall be consistent with those janitorial services provided by Landlord to other tenants in the Building, in which event Tenant shall be responsible to perform such janitorial services in such month(s) and their officers, contractors, agents, invitees, licensees or employees, is paid Tenant shall receive a monthly credit to the Basic Rent due hereunder for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"respective month(s), on a month-by-month basis, in an amount equal to $.07 per rentable square foot of space for that portion of the Premises as specified in such notice for which Tenant so elects to provide such janitorial services. Tenant shall have access to the Premises and Project parking garage at all times. Landlord shall furnish the Leased Premises with electricity a minimum of seven (7) wxxxx consumed load per rentable square foot within the Premises of electric power (in addition to the electrical power required for lighting and base Building HVAC) for operation of low power usage typical general office machines, waterhot and cold running water to restrooms, heat, air conditioning hot and cold water to the kitchen facility within the Premises (through piping to be installed as a part of the Tenant Improvements) and elevator service (including the use of one elevator as is customary a freight elevator for deliveries and anticipated by tenants in a first-class office building (construction purposes, but subject to availability based upon common use of such elevator with other Building occupants) at all times during the "Standard Services")Term. During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access Premises with heating or normal office air conditioning comparable to the Leased Premisesamounts being provided by comparable landlords of Comparable Buildings between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, except for heat New York Stock Exchange-recognized holidays, and between the hours of 9:00 a.m. and 12:00 p.m. on Saturday. Supplemental air conditioning units and electricity therefore or special air conditioning requirements, such as for any computer centers, and after-hours heating and air conditioning and lightingshall be at Tenant’s expense at an hourly rate established by the Landlord as its Actual Cost (as hereinafter defined). If requested For purposes hereof, “Actual Cost” shall mean the actual out-of-pocket incremental extra cost to Landlord to provide additional services without markup for profit, overhead, depreciation or administration (to the extent Landlord’s administration costs are duplicative of amounts being paid by Tenant, Landlord shall furnish heat Tenant as part of Operating Expenses). After hours heating and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid charged by the Landlord to the Tenant at the rate of $125.00/hour and shall be payable by the Tenant as Additional Rent within thirty (30) days after receipt of an invoice therefore. Tenant shall be solely responsible for the repair and maintenance of any separate heating, ventilating, air conditioning or other equipment installed in the same manner as provided in Section 4.1 abovePremises by the Tenant (with the Landlord’s consent). Landlord shall also shall provide lamp lighting replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant)Landlord-furnished lighting, toilet room supplies, window washing at with reasonable intervals frequency as is provided in other Comparable Buildings and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part to all common areas and garages of the Standard ServicesProperty comparable to that provided in Comparable Buildings. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, although interruption or failure of said services due to any cause whatsoever; and no janitorial service temporary interruption or failure of such services incident to the making of repairs, Alterations or improvements due to accident or strike or conditions or events not under Landlord’s control shall be provided for Saturdays, Sundays or legal holidays. The cost and expense deemed an eviction of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or relieve Tenant from any of Tenant's employees or invitees. The HVAC system that Landlord shall install ’s obligations hereunder unless otherwise provided in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerLease.
Appears in 1 contract
Samples: Lease Agreement (Redwood Trust Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause to be maintained the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the such as lobbies, elevators, stairs, corridors and rest roomsrestrooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown BellevueSeattle, Washington, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which damage shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsTenant. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for normal office use, including lighting and operation of personal computers, low power usage office machines, water, heat, air conditioning water and elevator service as is customary and anticipated by tenants in a first-class office building (at all times during the "Standard Services")term of the Lease. During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent building standard light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no five (5) days each week. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense Rent stated in Section l.f hereof does not include the costs of any janitorial or other services provided or caused to be provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand and such costs for the additional cost resulting from such services, which if any, shall be paid by Tenant as Additional Rent on the first day of the month following the month in which such additional services are provided. From 7:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to 1:00 p.m. on Saturdays, excluding legal holidays ("Normal Business Hours"), Landlord shall furnish to the same manner Premises heat and air conditioning. If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours and the cost of such services as provided for payment established by Landlord shall be paid by Tenant as Additional Rent. During other than Normal Business Hours, Landlord may restrict access to the Building in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent accordance with the nature of the ProjectBuilding's security system, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant provided that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and have at all costs required times during the term of this Lease (24 hours of all days) reasonable access to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerPremises.
Appears in 1 contract
Samples: Lease Agreement (Aptimus Inc)
Standard Services. As long as Tenant is not in default under any of Landlord agrees to furnish to the provisions of this LeaseBuilding, Landlord shall cause excluding including the Leased Premises (in accordance with Section 10.3 below) during regular business hours from 7:00 A.M. to 7:00 P.M. Mondays through Fridays and from 8:00 A.M. to 1:00 P.M. Saturdays, except for holidays as the public same are determined by Landlord, and common areas subject to the rules and regulations of the Building, (heat and air conditioning, which in Landlord's judgment is necessary to provide a reasonably comfortable environment for the Project Common Areas), including the lobbies, elevators, stairs, corridors use and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance occupancy of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdaysCommon Areas, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except and, if necessary, passenger elevator service and, subject to scheduling by Landlord, freight elevator service, if applicable. Landlord shall also furnish: (i) 110 volt, 20 ampere sufficient electric current to be supplied for heat lighting the Common Areas and Leased Premises and public halls, and for the operation all equipment serving the Building and Common Areas of ordinary office equipment, exclusive of heavy-duty equipment, computers, copying equipment, or comparable equipment; (ii) janitorial and cleaning services for the Common Areas which in Landlord's judgment is necessary to provide a reasonably clean environment; and (iii) domestic water for the Common Areas, in reasonable quantity. Elevator service, if any, shall mean service by non-attended automatic elevators. Landlord shall also furnish, at rates set from time to time, heating and air conditioning at such other times as are not provided for herein, provided Tenant gives Landlord not less than forty-eight (48) hours written notice of Tenant's needs for such additional heating or air conditioning. Landlord shall also, at said times, maintain and lighting. If requested keep lighted the common stairs, entries, and toilet rooms in the Building that would reasonably be subject to use by Tenant, Landlord shall furnish heat its agents and air conditioning and lighting at times employees during other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 aboveregular business hours. Landlord also shall provide lamp replacement has the right to charge Tenant for energy costs incurred because of Tenant's above standard service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed usage or by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in reason of usage of the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among Common Areas during other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerthan regular business hours.
Appears in 1 contract
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause to be maintained the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the such as lobbies, elevators, stairs, corridors and rest roomsrestrooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown BellevueSeattle, Washington, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which damage shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsTenant. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for normal office use, including lighting and operation of personal computers, low power usage office machines, water, heat, air conditioning water and elevator service as is customary and anticipated by tenants in a first-class office building (at all times during the "Standard Services")term of the Lease. During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent building standard light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no five (5) days each week. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense Rent stated in Section 1(f) hereof does not include the costs of any janitorial or other services provided or caused to be provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand and such costs for the additional cost resulting from such services, which if any, shall be paid by Tenant as Additional Rent on the first day of the month following the month in which such additional services are provided. From 7:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to 1:00 p.m. on Saturdays, excluding legal holidays ("Normal Business Hours"), Landlord shall furnish to the same manner Premises heat and air conditioning at times other than Normal Business Hours and the cost of such services as provided for payment established by Landlord shall be paid by Tenant as Additional Rent. During other than Normal Business Hours, Landlord may restrict access to the Building in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent accordance with the nature of the ProjectBuilding's security system, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant provided that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and have at all costs required times during the term of this Lease (24 hours of all days) reasonable access to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerPremises.
Appears in 1 contract
Samples: Lease Agreement (Freeshop Com Inc)
Standard Services. As long as Landlord shall maintain the base building systems ----------------- within the Building (other than those installed by Tenant is not in default under any of the provisions of this LeasePremises, if any). Such base building systems include plumbing, electrical and heating ventilation and air conditioning equipment. Specifically, Landlord shall cause agrees to furnish to the Leased Premises (in accordance with Section 10.3 below) during regular business hours from 7:00 a.m. to 7:00 p.m. Mondays through Fridays and from 7:00 a.m. to 1:00 p.m. Saturdays, except for Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, Independence Day and Labor Day, and subject to the public rules and common areas regulations of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning for the use and lightingoccupancy of the Premises, passenger elevator service and freight elevator service, if any, subject to scheduling by Landlord. If requested by Tenant, Landlord shall furnish The heat and air conditioning shall be provided to the Premises substantially in accordance with the Outline Specifications. Landlord shall not be liable for repairs necessitated by Tenant's misuse, abuse or negligence of said base building systems. Landlord shall also furnish: (1) electric current to be supplied for lighting the Premises and lighting public halls and for the operation of Ordinary Office Equipment, as defined below; (ii) janitorial and cleaning services, and (iii) domestic water in reasonable quantity. Elevator service shall mean service either by non-attended automatic elevators or elevators with attendants at the option of Landlord which shall be available at all times subject to repair, maintenance, casualty and Force Majeure. Landlord shall also furnish to the Premises (at rates reasonably set by Landlord, not to exceed its actual costs) heating and air conditioning during times other than Regular Business Hours regular business hours and such other items as are not provided for herein, provided Tenant gives Landlord not less than twenty-four (24) hours notice of Tenant's needs for such additional heating or air conditioning; provided however, Landlord shall use reasonable efforts to provide such additional needs to Tenant as soon as reasonably possible following receipt of Tenant's notice. Landlord shall also, at said times, maintain and keep lighted the cost of such servicescommon stairs, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services)entries, shall be paid by Tenant and toilet rooms in the same manner as provided in Section 4.1 aboveBuilding that would reasonably be subject to use by Tenant, its agents and employees during other than regular business hours. Landlord also has the right to charge Tenant for energy costs, including any increase in utility rates, incurred because of Tenant's above Building average usage at any time or by reason of usage of the Premises or the Building during other than regular business hours. Any additional or above-average usage of services by Tenant shall provide lamp replacement service for Building Standard fluorescent light fixtures be measured in accordance with Landlord's energy management system or by meter or submeter (but not for any specialty lighting installed at Tenant's expense if Landlord reasonably identifies, after review of Tenant's space plans, that an area in the Premises is likely to require additional or above-average usage of services by Tenant)) and the costs to Tenant for such additional services shall be calculated in accordance therewith. For purposes hereof, toilet room suppliesOrdinary Office Equipment shall include current (or comparable to current) everyday office equipment, window washing at reasonable intervals both in size of the equipment and customary building janitorial service number of units utilized within the Premises, for office tenants in the Leased Premises consistent with those services in other first-first class office buildings as part of the Standard Servicesin Briargate Business Campus in Colorado Springs, although no janitorial service Colorado and shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial specifically exclude computers or other services provided equipment that require special cooling, venting or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand generators for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory manneroperation thereof.
Appears in 1 contract
Samples: Office Lease (Sm&a Corp)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause agrees to furnish to the Leased Premises (in accordance with Section 10.3 below) during regular business hours from 7:00 A.M. to 6:00 P.M. Mondays through Fridays and from 9:00 A.M. to 1:00 P.M. Saturdays, except for holidays as the public same are determined by Landlord, and common areas subject to the rules and regulations of the Building, (heat and the Project Common Areas)air conditioning, including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained which in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, Landlord’s judgment is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required necessary to provide access to a reasonably comfortable environment for the use and occupancy of the Leased Premises, except and, if necessary, passenger elevator service and, subject to scheduling by Landlord, freight elevator service, if applicable. Landlord shall also furnish: (i) 110 volt, 20 ampere electric current to be supplied for heat lighting the Leased Premises and public halls, and for the operation of ordinary office equipment, exclusive of heavy-duty equipment, computers, copying equipment, or comparable equipment; (ii) janitorial and cleaning services which in Landlord’s judgment is necessary to provide a reasonably clean environment; and (iii) domestic water, in reasonable quantity. Elevator service, if any, shall mean service by non-attended automatic elevators. Landlord shall also furnish, at rates set from time to time, heating and air conditioning at such other times as are not provided for herein, provided Tenant gives Landlord not less than forty-eight (48) hours written notice of Tenant’s needs for such additional heating or air conditioning. Landlord shall also, at said times, maintain and lighting. If requested keep lighted the common stairs, entries, and toilet rooms in the Building that would reasonably be subject to use by Tenant, Landlord shall furnish heat its agents and air conditioning and lighting at times employees during other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 aboveregular business hours. Landlord also shall provide lamp replacement has the right to charge Tenant for energy costs incurred because of Tenant’s above standard service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed usage or by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in reason of usage of the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among during other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerthan regular business hours.
Appears in 1 contract
Samples: Office Lease (Heatwurx, Inc.)
Standard Services. As long as Tenant is not in default under any of Subject to the provisions of this Lease, Landlord agrees to furnish (or cause a third party provider to furnish) the following services to Tenant during the Term:
(1) Water (at the normal temperature of the water supply to the Building) for use in the lavatories, toilets and kitchens on each floor on which the Premises are located.
(2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as required by governmental authority or as supplied in Comparable Buildings. Tenant, upon such notice as is reasonably required by Landlord (but not more than twenty-four (24) hours notice), and subject to the capacity of the Building systems, may request HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord for such additional service at a rate equal to $50.00 per operating hour per floor (the “Hourly HVAC Charge”). Beginning on the first anniversary of the Commencement Date, Landlord shall have the right, upon thirty (30) days prior written notice to Tenant, to adjust the Hourly HVAC Charge from time to time, but not more than once per calendar year, based proportionately upon increases in HVAC costs, which costs include utilities, taxes, surcharges, labor, equipment, maintenance and repair to the extent (and only to the extent) Landlord’s actual, out-of-pocket expenses in providing such services increase following the Commencement Date, and any notice of increase in cost shall contain a detailed summary of the basis for the cost increase and a comparison to 2008 costs. No adjustments to the Hourly HVAC Charge shall cause same to exceed the Leased rates charged for such services in Comparable Buildings. Notwithstanding the foregoing, Tenant shall, at its sole cost and expense, install and maintain a submeter for the portion of the Premises located on the 7th and 8th floors of the Building and pay to Landlord the actual cost of the HVAC service on such floors pursuant to Section 8.C. Tenant may require HVAC Service during hours other than Normal Business Hours for such submetered floors and shall not be charged an Hourly HVAC Charge for such additional service provided to such submetered floors.
(3) Maintenance and repair of the Property as described in accordance with Section 10.3 below9.B.
(4) and Janitorial service five days per week (excluding Holidays), similar to the public and common areas service provided in Comparable Buildings (hereinafter defined). If Tenant’s use of the Premises, floor covering or other improvements requires special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services. Notwithstanding the foregoing, Tenant will contract separately for janitorial services in the Secured Areas using contractors approved by Landlord, which approval shall not be unreasonably withheld. Sealco, the contractor employed by Tenant on the Commencement Date to provide janitorial services to the Secured Areas, has been approved by Landlord.
(5) Passenger elevator service to the floors on which the Premises are located for ingress to and egress from the Premises and freight elevator service in common with other Building occupants, subject to periodic elevator repair and maintenance, events of Force Majeure, casualty, governmental regulation and Landlord’s reasonable policies and procedures for use of the elevator(s) in the Building.
(6) Exterior window washing at such intervals as determined by Landlord, but not less frequently than twice each calendar year.
(7) Maintain and manage the current level of security for the Building and the Project Common Areas)Parking Facilities (as such term is defined in Exhibit C attached hereto) as an Operating Expense including without limitation, a multi-function card-key building access system to the Premises and Parking Facilities and throughout the Building (including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained stairwells). Landlord shall provide such security requirements in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevuenecessary for Tenant to comply with Payment Card Industry Data Security Standards; provided however, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, to the repair of which shall be extent the costs related to compliance with such standards exceeds the security costs paid for by Tenant ,so long as damage occasioned by other tenants and their officerssuch compliance in the Base Year, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), excess costs shall be paid by Tenant to Landlord within thirty (30) days after notice from Landlord. Landlord agrees to maintain restricted access to the NetPop rooms and all telecom rooms that are not located in the same manner as provided in Section 4.1 abovePremises. Landlord also shall agrees to provide lamp replacement service for Building Standard fluorescent light fixtures “add/change/delete” services with respect to Tenant’s employee’s card-keys within one (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part 1) Business Day after receipt of the Standard Servicesnecessary instructions from Tenant.
(8) Electricity to the Premises for general office use, although no janitorial in accordance with and subject to the terms and conditions in Article 8.
(9) Access to the Premises and the Parking Facilities 24 hours a day, 365 days a year (subject to the provisions of this Lease with respect to casualty and condemnation); provided, however, during periods after Normal Business Hours, Landlord may establish reasonable rules and regulations in connection with such access.
(10) Extermination service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial at such intervals as reasonably determined by Landlord.
(11) A cafeteria or other services provided similar food service provider offering food for purchase on the terrace level of the Building, substantially similar or caused to be provided by Landlord to Tenant better in addition Landlord’s reasonable judgment to the food services ordinarily currently being provided Building tenants or is excessive relative to services provided to other tenants in the Building generallyby Sodexho; provided, however, Landlord shall not be required to continue such cafeteria or food service unless there are at least 640 occupants in the Building.
(12) Maintain the current loading dock and related service areas.
(13) Although Landlord will not provide wireless network services for the Building, Landlord agrees not to remove the existing WiFi infrastructure in the Premises or modify such infrastructure in any way which would adversely impact Tenant’s ability to use such wireless services.
(14) Landlord acknowledges that the following specialized equipment and systems are critical to Tenant’s data center operations and the operation of the NetPop rooms located on the terrace level of the Building (collectively, “Tenant’s Critical Operations”): water-cooled electric water chillers, roof mounted cooling tower, the emergency generator, chilled water pumps, condenser water pumps, automatic transfer switch, manual transfer switch and the Building automation system and the related electrical and water supply systems (collectively, “Critical Systems and Equipment”). Tenant represents and warrants to Landlord that the Critical Systems and Equipment were initially installed in the Building by Tenant and are being transferred to Landlord on the Commencement Date in good working order and condition. From and after the date of installation, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature has performed all scheduled maintenance and testing of the Project, Critical Systems and its cost will be allocated as a Building and/or Project Operating CostEquipment at the manufacturers’ recommended levels and intervals and has provided Landlord with copies of such maintenance and testing records and logs. Landlord has not and does shall not make any representations alterations, modifications or improvements to Tenant the Critical Systems and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harmEquipment if such alterations, both physical and economic, to Tenant modifications or any of improvements would adversely affect Tenant's employees or invitees’s Critical Operations. The HVAC system that Landlord shall install perform all scheduled maintenance and testing of the Critical Systems and Equipment at the manufacturers’ recommended levels and intervals and shall provide Tenant with copies of such maintenance and testing records and logs. Notwithstanding Landlord’s obligation to perform such maintenance, testing and repairs to Critical Systems and Equipment and notwithstanding anything to the contrary in Section 7.B, Landlord shall not intentionally interrupt or reduce any electrical or water services at the Building is generally described in Schedule D-1 andor perform any maintenance, among other thingstesting or repairs to the Critical Systems and Equipment without first obtaining Tenant’s approval as to the time, shall allow temperature adjustments duration and scope of any such activity, such approval not to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerunreasonably withheld.
Appears in 1 contract
Samples: Office Lease (Pier 1 Imports Inc/De)
Standard Services. As long as Tenant is not in default under any of Subject to the provisions of this Lease, Landlord agrees to furnish (or cause a third party provider to furnish) the following services to Tenant during the Term:
(1) Water service for use in the lavatories on each floor on which the Premises are located.
(2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as required by governmental authority or and in such amounts as specified in Exhibit G. Tenant, upon such notice as is reasonably required by Landlord, and subject to the capacity of the Building systems, may request HVAC service during hours other than Normal Business Hours. Tenant shall cause pay Landlord for such additional service at a rate equal to $12.50 per requested hour of operation per air handler (the Leased Premises “Hourly HVAC Charge“). Landlord shall have the right, upon 30 days prior written notice to Tenant, to adjust the Hourly HVAC Charge from time to time, but not more than once per calendar year, based upon increases in HVAC costs, which costs include utilities, taxes, surcharges, labor, equipment, maintenance and repair.
(3) Maintenance and repair of the Property as described in Section 9.B.
(4) Janitorial service five days per week (excluding Holidays), in accordance with Section 10.3 belowthe janitorial specifications set forth on Exhibit H. If Tenant’s use of the Premises, floor covering or other improvements requires special services in excess of the standard services for the Building as reflected on Exhibit H, Tenant shall pay the additional cost attributable to the special services.
(5) Elevator service, subject to proper authorization and Landlord’s policies and procedures for use of the public elevator(s) in the Building.
(6) Exterior window washing at such intervals as determined by Landlord, but not less than one time per year.
(7) Electricity to the Premises for general office use, in accordance with and common areas subject to the terms and conditions in Article 8.
(8) Landlord shall provide a Building standard directory in an area designated by Landlord with the names and suite numbers of tenants of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission name of Tenant or and Tenant's officers, contractors, agents, invitees, licensees or employees, ’s departments located in the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsBuilding. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours")During the Term, Landlord shall furnish periodically update Tenant’s designations on the Leased Premises with electricity for lighting Building directory at Tenant’s request, at Tenant’s sole cost and operation expense. Landlord, at Landlord’s expense, shall add Tenant’s name and departments to the directory board before Tenant’s occupancy of low power usage office machines, water, heat, air conditioning the Premises.
(9) Replacement of building standard light bulbs and elevator service as is customary and anticipated by tenants ballasts within the Premises.
(10) Pest control services in a first-class quantity and quality at least equal to that of similar Class A office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant buildings in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant)Xxxxxxx Xxxxxxxx Xxxxxxxx xx Xxxxxxx, toilet room suppliesXxxxx, window washing at reasonable intervals taking into account comparable size, age, design and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerquality.
Appears in 1 contract
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below12.3) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Bank of America Building as a first-class office and retail building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsTenant. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays holidays ("“Regular Business Hours"”), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "“Standard Services"”). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services)Landlord, shall be paid by Tenant in the same manner as provided in Section 4.1 5 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Bank of America Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 5 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory manner.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (Buildings and the Project Common Areas)Property, including the such as lobbies, elevators, stairs, corridors and rest roomsrestrooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building Buildings as a first-class office building buildings in downtown BellevueSeattle, Washington, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which damage shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenantsTenant. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for normal office use, including lighting and operation of low power usage office machines, water, heat, air conditioning water and elevator service as is customary and anticipated by tenants in a first-class office building (at all times during the "Standard Services")term of the Lease. During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent building standard light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no shown on Exhibit F. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense Rent stated in Section l(h) hereof does not include the costs of any janitorial or other services service provided or caused to be provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from and such services, which costs shall be paid by Tenant as Additional Rent on the first day of the month following the month in which such additional services are provided. From 7:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to 1:00 p.m. on Saturdays, excluding legal holidays ("Normal Business Hours"), Landlord shall furnish to the same manner Premises heat and air conditioning. The tenant improvements described in Exhibit C include upgrades to allow Landlord to furnish, at Tenant's direction, heat and air conditioning at times other than Normal Business Hours. The reasonable cost of such services as provided for payment established by Landlord shall be paid by Tenant as Additional Rent. During other than Normal Business Hours, Landlord may restrict access to the Building in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent accordance with the nature of the ProjectBuilding's security system, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant provided that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and at all costs required times during the term of this Lease (24 hours of all days) have reasonable access to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerPremises.
Appears in 1 contract
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause maintain the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained Building in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown BellevueSeattle, except for damage occasioned by any act or omission Washington. Landlord shall also maintain, repair and replace all structural components of Tenant or Tenant's officersthe Building, contractorsincluding, agents, invitees, licensees or employeeswithout limitation, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants foundations, bearing and their officersexterior walls, contractorssubflooring, agentsroof, inviteesunexposed electrical, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidaysplumbing and sewage systems, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours")heating ventilation and air conditioning systems. Landlord shall also maintain in good condition and repair, elevators, alarm monitoring, building systems, including without limitation parking areas, lobbies, stairwells, restrooms and outdoor landscaping. Landlord shall furnish the Leased Premises with electricity utilities and services for normal office use, including the following: electricity; lighting and operation of low power usage office machines; natural gas; water; passenger and freight elevator service; hot and cold water for drinking, waterrestroom and office cleaning purposes; sanitary sewer service; sprinkler riser monitoring; heating, heat, ventilation and air conditioning conditioning; local telephone service; and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, utility services used in the Premises at all times during the Term of the Lease or any extension thereof. Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent the Building’s standard light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals intervals, and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no service. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense costs of any janitorial or other services provided or caused to be service provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 aboveAdditional Rent upon receipt of xxxxxxxx. Standard Services Landlord shall not include be obligated to repair or replace any security services exclusively fixtures or equipment installed by or for Tenant within the Leased Premises. General security services will and Landlord shall not be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not obligated to make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided repair or replacement occasioned by Landlord will be effective in preventing any harm, both physical and economic, to act or omission of Tenant or any of Tenant's employees ’s employees, agents, invitees, or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerlicensees.
Appears in 1 contract
Samples: Lease Agreement
Standard Services. As long as Tenant is not in default under any of Landlord agrees to furnish to the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevue, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officers, contractors, agents, invitees, licensees or employees, is paid for by such other tenants. From during regular business hours from 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, Mondays through Fridays and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines, water, heat, air conditioning and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises1:00 p.m. Saturdays, except for holidays as the same are determined by Landlord, and subject to the rules and regulations of the Building, heat and air conditioning for the use and lightingoccupancy of the Premises, passenger elevator service and freight elevator service, subject to scheduling by Landlord. If requested by Tenant, Landlord shall furnish heat also furnish: (i) electric current to be supplied for lighting the Premises and public halls, and for the operation of ordinary office equipment, exclusive of heavy-duty equipment and computers, copying equipment which is not standard for general offices, or comparable equipment; (ii) janitorial and cleaning services, and (iii) domestic water in reasonable quantity. Elevator service shall mean service either by non-attended automatic elevators or elevators with attendants at the option of Landlord. Landlord shall also furnish, at rates set from time to time as reasonably determined by Landlord (reflecting actual costs of such additional HVAC), heating and air conditioning and lighting such other items as are not provided for herein, provided if Tenant does not have special HVAC controls for its Premises, then Tenant shall give Landlord reasonable prior notice of Tenant’s needs for such additional heating or air conditioning and Landlord shall use all reasonable efforts to provide same. Landlord shall also, at times said times, maintain and keep lighted the common stairs, entries, and toilet rooms in the Building that would reasonably be subject to use by Tenant, its agents and employees during other than Regular Business Hours and regular business hours. Landlord also has the cost right to charge Tenant for energy costs incurred because of such servicesTenant’s above Building average usage or by reason of usage of the Premises or the Building during other than regular business hours. However, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Landlord charge Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service more for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant), toilet room supplies, window washing at reasonable intervals and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays excess utilities or legal holidays. The cost and expense of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to after hours HVAC than it charges other tenants in the Building generallyfor such usage. Furthermore, Tenant if Landlord were to grant any tenant longer regular business hours, then such hours shall reimburse Landlord upon demand also be applicable to Tenant. Xxxxxx agrees to pay for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant excess HVAC within the Leased Premises. General security services will be provided in a manner consistent with the nature fifteen (15) days of the Projectbilling therefor, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations such billing to Tenant and assumes occur no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or any of Tenant's employees or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannermore frequently than monthly.
Appears in 1 contract
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and maintain the public and common areas of the Project and the Building, (and the Project Common Areas), including the such as lobbies, elevators, stairs, corridors and rest roomsrestrooms, to be maintained in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown Bellevuecondition and state of repair consistent with Comparable Buildings, except for damage occasioned by any act the acts or omission omissions of the Tenant or Tenant's officersParties, contractors, agents, invitees, licensees or employees, the repair of which shall be paid repaired at Tenant’s sole cost and expense except to the extent the cost of such repair is covered by insurance carried by Landlord (or would have been covered had Landlord carried the insurance required to be carried hereunder). Landlord shall be solely responsible for providing janitorial services to the Premises comparable to janitorial services provided in Comparable Buildings. Notwithstanding the foregoing, Tenant may elect, from time to time with respect to any calendar month(s), by Tenant ,so long delivery of written notice to Landlord not less than forty-five (45) calendar days prior to the commencement of such month(s), to be responsible for providing janitorial services to the Premises, or to a portion thereof as damage occasioned specified in such notice, which janitorial services shall be consistent with those janitorial services provided by Landlord to other tenants in the Building, in which event Tenant shall be responsible to perform such janitorial services in such month(s) and their officers, contractors, agents, invitees, licensees or employees, is paid Tenant shall receive a monthly credit to the Basic Rent due hereunder for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"respective month(s), on a month-by- month basis, in an amount equal to $.07 per rentable square foot of space for that portion of the Premises as specified in such notice for which Tenant so elects to provide such janitorial services. Tenant shall have access to the Premises and Project parking garage at all times. Landlord shall furnish the Leased Premises with electricity a minimum of seven (7) wxxxx consumed load per rentable square foot within the Premises of electric power (in addition to the electrical power required for lighting and base Building HVAC) for operation of low power usage typical general office machines, waterhot and cold running water to restrooms, heat, air conditioning hot and cold water to the kitchen facility within the Premises (through piping to be installed as a part of the Tenant Improvements) and elevator service (including the use of one elevator as is customary a freight elevator for deliveries and anticipated by tenants in a first-class office building (construction purposes, but subject to availability based upon common use of such elevator with other Building occupants) at all times during the "Standard Services")Term. During all other hours, Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access Premises with heating or normal office air conditioning comparable to the Leased Premisesamounts being provided by comparable landlords of Comparable Buildings between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, except for heat New York Stock Exchange-recognized holidays, and between the hours of 9:00 a.m. and 12:00 p.m. on Saturday. Supplemental air conditioning units and electricity therefore or special air conditioning requirements, such as for any computer centers, and after-hours heating and air conditioning and lightingshall be at Tenant’s expense at an hourly rate established by the Landlord as its Actual Cost (as hereinafter defined). If requested For purposes hereof, “Actual Cost” shall mean the actual out-of-pocket incremental extra cost to Landlord to provide additional services without markup for profit, overhead, depreciation or administration (to the extent Landlord’s administration costs are duplicative of amounts being paid by Tenant, Landlord shall furnish heat Tenant as part of Operating Expenses). After hours heating and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid charged by the Landlord to the Tenant at the rate of $37.00/hour and shall be payable by the Tenant as Additional Rent within thirty (30) days after receipt of an invoice therefore. Tenant shall be solely responsible for the repair and maintenance of any separate heating, ventilating, air conditioning or other equipment installed in the same manner as provided in Section 4.1 abovePremises by the Tenant (with the Landlord’s consent). Landlord shall also shall provide lamp lighting replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant)Landlord-furnished lighting, toilet room supplies, window washing at with reasonable intervals frequency as is provided in other Comparable Buildings and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part to all common areas and garages of the Standard ServicesProperty comparable to that provided in Comparable Buildings. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, although interruption or failure of said services due to any cause whatsoever; and no janitorial service temporary interruption or failure of such services incident to the making of repairs, Alterations or improvements due to accident or strike or conditions or events not under Landlord’s control shall be provided for Saturdays, Sundays or legal holidays. The cost and expense deemed an eviction of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or relieve Tenant from any of Tenant's employees or invitees. The HVAC system that Landlord shall install ’s obligations hereunder unless otherwise provided in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerLease.
Appears in 1 contract
Samples: Lease Agreement (Redwood Trust Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause the Leased Premises (in accordance with Section 10.3 below) and maintain the public and common areas Common Areas of the Project and the Building, (and the Project Common Areas), including the such as lobbies, elevators, stairs, corridors and rest roomsrestrooms, to be maintained in reasonably good first-class order and condition consistent with (i.e., similar to other similar Class A commercial office projects in the operation and maintenance of the Building as a first-class office building in downtown Bellevue, San Xxxxxx area) except for damage or repair occasioned by any act the acts or omission omissions of Tenant or Parties (as defined in Section 25(c)), which shall be repaired by Tenant at, subject to the provisions of Section 20, Tenant's officers, contractors, agents, invitees, licensees or employees’s sole cost and expense. Landlord shall provide five (5) day per week standard janitorial services to the Premises. Tenant may provide its own “day xxxxxx” services to the Premises at Tenant’s sole cost and expense, the repair service provider and the extent and particulars of service of which shall be paid for by Tenant ,so long as damage occasioned by other tenants and their officerssubject to the prior written approval of Landlord, contractorswhich approval shall not be unreasonably withheld, agents, invitees, licensees conditioned or employees, is paid for by such other tenantsdelayed. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours"), Landlord shall furnish the Leased Premises with electricity for lighting and operation of low power usage office machines. Landlord shall provide access to and use of not less than two (2) passenger elevators in the Building at all times, watersubject to curtailment or cessation due to the effects of applicable laws, heatordinances, air conditioning rules and elevator service as is customary and anticipated by tenants in a first-class office building (regulations, the "Standard Services")effects of emergencies, any interruption of utility services, or the effects of mechanical breakdowns or any damage to, or destruction of, the Building or Building systems. During all other hours, Landlord shall furnish the Standard ServicesPremises with heating or normal office air conditioning by means of the Building’s general heating and air-conditioning system between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday and on an as needed basis on Saturdays from 8:00 a.m. to 2:00 p.m. (all except for legal holidays). Air conditioning or ventilation units, equipment and systems (including elevator service electricity therefor) exclusively serving or to be exclusively serving the Premises, such as reasonably required to provide access for any computer centers, shall if desired by Tenant be (subject to the Leased Premises, except for heat provisions of Section 11) provided by Tenant at Tenant’s sole cost and expense. Such air conditioning or ventilation units, equipment, and lighting. If requested electricity may (subject to the provisions of Section 11) be tied into the Building’s general heating and air-conditioning system and electrical system, and the use thereof may be separately metered at Landlord’s option (with all costs of the installation of separate or additional metering devices being separately chargeable to and paid by Tenant, Landlord shall furnish heat and ). After-hours heating or normal office air conditioning by means of the Building’s general heating and lighting air-conditioning system shall be at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' Tenant’s expense at an hourly rate equivalent to Landlord’s estimated actual cost of providing such services), shall be paid by Tenant in the same manner as provided in Section 4.1 aboveservice. Landlord shall also shall provide lamp lighting replacement service for Building Standard fluorescent light fixtures (but not for any specialty lighting installed by Tenant)Landlord-furnished lighting, toilet room supplies, window washing with reasonable frequency, and hot and cold water at reasonable intervals those points of supply typically provided at Class “A” office projects in Marin County. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption or failure of said services due to any cause whatsoever; and customary building janitorial service in the Leased Premises consistent with those no temporary interruption or failure of such services in other first-class office buildings as part of the Standard Services, although no janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense deemed an eviction of any janitorial or other services provided or caused to be provided by Landlord to Tenant in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services shall not include any security services exclusively for Tenant within the Leased Premises. General security services will be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided by Landlord will be effective in preventing any harm, both physical and economic, to Tenant or relieve Tenant from any of Tenant's employees or invitees. The HVAC system that Landlord shall install ’s obligations hereunder, except to the extent expressly provided in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory manner9(b).
Appears in 1 contract
Samples: Lease Agreement (Health Net Inc)
Standard Services. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall cause maintain the Leased Premises (in accordance with Section 10.3 below) and the public and common areas of the Building, (and the Project Common Areas), including the lobbies, elevators, stairs, corridors and rest rooms, to be maintained Building in reasonably good order and condition consistent with the operation and maintenance of the Building as a first-class office building in downtown BellevueSeattle, except for damage occasioned by any act or omission Washington. Landlord shall also maintain, repair and replace all structural components of Tenant or Tenant's officersthe Building, contractorsincluding, agents, invitees, licensees or employeeswithout limitation, the repair of which shall be paid for by Tenant ,so long as damage occasioned by other tenants foundations, bearing and their officersexterior walls, contractorssubflooring, agentsroof, inviteesunexposed electrical, licensees or employees, is paid for by such other tenants. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidaysplumbing and sewage systems, and from 8:00 a.m. to noon on Saturdays ("Regular Business Hours")heating ventilation and air conditioning systems. Landlord shall also maintain in good condition and repair, elevators, alarm monitoring, building systems, including without limitation parking areas, lobbies, stairwells, restrooms and outdoor landscaping. Landlord shall furnish the Leased Premises with electricity utilities and services for normal office use, including the following: electricity; lighting and operation of low power usage office machines; natural gas; water; passenger and freight elevator service; hot and cold water for drinking, waterrestroom and office cleaning purposes; sanitary sewer service; sprinkler riser monitoring; heating, heat, ventilation and air conditioning conditioning; local telephone service; and elevator service as is customary and anticipated by tenants in a first-class office building (the "Standard Services"). During all other hours, utility services used in the Premises at all times during the Term of the Lease or any extension thereof. Landlord shall furnish the Standard Services, including elevator service as reasonably required to provide access to the Leased Premises, except for heat and air conditioning and lighting. If requested by Tenant, Landlord shall furnish heat and air conditioning and lighting at times other than Regular Business Hours and the cost of such services, as established by Landlord (which in no event shall exceed Landlords' actual cost of such services), shall be paid by Tenant in the same manner as provided in Section 4.1 above. Landlord also shall provide lamp replacement service for Building Standard fluorescent the Building’s standard light fixtures (but not for any specialty lighting installed by Tenant)fixtures, toilet room supplies, window washing at reasonable intervals intervals, and customary building janitorial service in the Leased Premises consistent with those services in other first-class office buildings as part of the Standard Services, although no service. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. The cost and expense costs of any janitorial or other services provided or caused to be service provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants or is excessive relative to services provided to other tenants in the Building generally, Tenant shall reimburse Landlord upon demand for the additional cost resulting from such services, which shall be paid by Tenant in the same manner as provided for payment in Section 4.1 above. Standard Services Additional Rent upon receipt of xxxxxxxx Landlord shall not include be obligated to repair or replace any security services exclusively fixtures or equipment installed by or for Tenant within the Leased Premises. General security services will and Landlord shall not be provided in a manner consistent with the nature of the Project, and its cost will be allocated as a Building and/or Project Operating Cost. Landlord has not and does not obligated to make any representations to Tenant and assumes no responsibility to Tenant that the security services that are provided repair or replacement occasioned by Landlord will be effective in preventing any harm, both physical and economic, to act or omission of Tenant or any of Tenant's employees ’s employees, agents, invitees, or invitees. The HVAC system that Landlord shall install in the Building is generally described in Schedule D-1 and, among other things, shall allow temperature adjustments to be made in the Leased Premises on a zone by zone basis on each floor. Tenant shall pay any and all costs required to implement the features of the system by which Tenant may make temporary adjustments on a zone by zone basis on each floor . Any services provided by Landlord under this Section 6.4 shall be applied consistently and in a nondiscriminatory mannerlicensees.
Appears in 1 contract
Samples: Lease Agreement