Common use of Tenant’s Responsibility Clause in Contracts

Tenant’s Responsibility. Tenant shall pay before delinquency, at its sole cost and expense, all charges for water, gas, heat, electricity, power, telephone service, sewer service and sewer rentals charged or attributable to the Leased Premises, and all other services or utilities used in, upon or about the Leased Premises during the Lease Term and the cost of installing meters or check meters therefor but only if required by Landlord under this provision; provided, however, that if any such services or utilities shall be billed to Landlord and are not separately metered to the Leased Premises, the amount thereof shall be prorated by Landlord, and Tenant shall pay to Landlord, upon demand, as additional rent hereunder, Tenant's share of such combined costs, expenses and charges, which shall be an amount equal to the total charges therefor multiplied by a fraction, the numerator of which equals Tenant's estimated usage (as determined by Landlord from time to time in good faith) and the denominator of which equals the total usage of all tenants covered by such combined charges. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises and Tenant shall comply with the rules, regulations and requirements of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in this Lease to the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants in the Building as determined by Landlord's electrical engineer, Tenant shall install, or cause to be installed, as part of the Premises Improvements, separate meters for the affected portions of the Leased Premises. Such meters shall be installed in accordance with the building specifications. Tenant shall receive a credit against the cost of such separately metered electrical use, as reasonably determined by Landlord, at the cost charged to Tenant for the separately metered electricity used.

Tenant’s Responsibility. The Tenant shall pay before delinquencywill (a) upon request of the Landlord: (i) promptly deliver to the Landlord for inspection, at its sole cost receipts evidencing the payment of all Taxes and expenseBusiness Taxes payable by the Tenant pursuant to Sections 3.2 and 3.3, respectively; (ii) promptly deliver to the Landlord copies of all charges for water, gas, heat, electricity, power, telephone service, sewer service bills and sewer rentals charged any notices of assessment in respect of any Taxes or attributable Business Taxes received by the Tenant which relate to the Leased Premises, ; and all (iii) furnish such other services information in connection with any such Taxes or utilities used in, upon Business Taxes or about other assessments payable by the Tenant in respect of the Leased Premises during as the Lease Term and the cost of installing meters or check meters therefor but only if required by Landlord under this provision; provided, however, that if any such services or utilities shall be billed to Landlord and are not separately metered to the Leased Premises, the amount thereof shall be prorated by Landlord, and Tenant shall pay to Landlord, upon demand, as additional rent hereunder, Tenant's share of such combined costs, expenses and charges, which shall be an amount equal to the total charges therefor multiplied by a fraction, the numerator of which equals Tenant's estimated usage (as determined by Landlord reasonably determines from time to time time; and (b) deliver to the Landlord at least ten (10) days prior to the last day permitted for filing an appeal, a notice of any appeal or contestation which the Tenant intends to institute with respect to Taxes or Business Taxes and consult with the Landlord in good faith) advance and obtain the prior written approval of the Landlord to any such appeal or contestation. If the Tenant obtains such approval, the Tenant will deliver to the Landlord such security for the payment of Taxes and Business Taxes as the Landlord deems advisable and the denominator Tenant will diligently prosecute any such appeal or contestation to a speedy resolution and will keep the Landlord informed of its progress in that regard, from time to time. The Tenant will indemnify and hold harmless the Landlord from and against payment for all loss, costs, charges and expenses occasioned by or arising from all Taxes and Business Taxes and any taxes which equals may in future be levied in lieu of such Taxes or Business Taxes or which may be assessed against any rentals payable pursuant to this Lease in lieu of such Taxes or Business Taxes, whether against tile Landlord or the total usage Tenant, including, without limitation, any increase whensoever occurring in Taxes or Business Taxes arising directly or indirectly out of all tenants covered any appeal or contestation by such combined charges. the Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits Taxes or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises and Business Taxes. The Tenant shall comply with the rules, regulations and requirements of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in this Lease will deliver to the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants such security for any increase in Taxes and Business Taxes as the Building as determined by Landlord's electrical engineer, Tenant shall install, or cause to be installed, as part of the Premises Improvements, separate meters for the affected portions of the Leased Premises. Such meters shall be installed in accordance with the building specifications. Tenant shall receive a credit against the cost of such separately metered electrical use, as reasonably determined by Landlord, at the cost charged to Tenant for the separately metered electricity usedLandlord deems advisable.

Tenant’s Responsibility. The Tenant shall pay before delinquencywill deliver to the Landlord: (a) receipts for the payment of all Business Taxes; (b) notices of any assessments of Business Taxes; and (c) any additional information in connection with Business Taxes which the Landlord reasonably requests; in each case, within five (5) days after request by the Landlord. In addition, the Tenant will deliver to the Landlord, at its sole cost least ten (10) days prior to the last day permitted for filing an appeal, notice of any appeal or contestation which the Tenant intends to institute with respect to Taxes or Business Taxes, and expensethe Tenant will consult with the Landlord and obtain the prior written approval of the Landlord with respect to any appeal or contestation. If the Tenant obtains such approval, the Tenant will deliver to the Landlord such security for the payment of Taxes and Business Taxes as the Landlord deems advisable and the Tenant will diligently prosecute any such appeal or contestation to a speedy resolution and will keep the Landlord informed of his progress in that regard, from time to time. The Tenant will indemnify and hold the Landlord harmless from and against the payment of all losses, costs, charges for waterand expenses, gas, heat, electricity, power, telephone service, sewer service and sewer rentals charged including any increase in Taxes or attributable Business Taxes relating to the Leased PremisesPremises or the Building, and all other services which arise directly or utilities used in, upon indirectly out of any appeal or about contestation by the Leased Premises during the Lease Term and the cost of installing meters or check meters therefor but only if required by Landlord under this provision; provided, however, that if any such services or utilities shall be billed to Landlord and are not separately metered Tenant. The Tenant will deliver to the Leased Premises, Landlord such security for any increase in Taxes and Business Taxes as the amount thereof shall be prorated by Landlord, and Tenant shall pay to Landlord, upon demand, as additional rent hereunder, Tenant's share of such combined costs, expenses and charges, which shall be an amount equal to the total charges therefor multiplied by a fraction, the numerator of which equals Tenant's estimated usage (as determined by Landlord from time to time in good faith) and the denominator of which equals the total usage of all tenants covered by such combined charges. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises and Tenant shall comply with the rules, regulations and requirements of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in this Lease to the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants in the Building as determined by Landlord's electrical engineer, Tenant shall install, or cause to be installed, as part of the Premises Improvements, separate meters for the affected portions of the Leased Premises. Such meters shall be installed in accordance with the building specifications. Tenant shall receive a credit against the cost of such separately metered electrical use, as reasonably determined by Landlord, at the cost charged to Tenant for the separately metered electricity useddeems advisable.

Tenant’s Responsibility. Tenant shall pay before delinquencydefend, at indemnify and hold Landlord harmless from any and all claims arising from Tenant's use of the Premises or the conduct of its sole cost business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, regardless of fault or negligence which is imputed to Landlord as the owner of the Project but which involves a condition of the Premises within the control of Tenant, its employees or contractors, but excluding claims arising from Landlord's or its agents' or employees' actual negligence or intentional acts. Tenant shall further defend, indemnify and expensehold Landlord harmless from any and all claims arising from any breach or default in the performance of this Lease by Tenant, or arising from any act or negligence of Tenant, or of its agents or employees, and from all charges costs, attorneys' fees, expenses and liabilities incurred as a result of any such claim. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon, or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, unless caused by active negligence or intentional acts of Landlord, its agents or employees. Landlord shall not be liable for waterloss of or damage to any property by theft or otherwise, or for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, heat, electricity, powerwater or rain which may leak from any part of any building or from the pipes, telephone serviceappliances or plumbing works therein, sewer service and sewer rentals charged or attributable from the roof, street or subsurface, or from any other place resulting from dampness or any other cause whatsoever, except to the Leased Premises, and all other services extent caused by the negligence or utilities used in, upon or about the Leased Premises during the Lease Term and the cost intentional acts of installing meters or check meters therefor but only if required by Landlord under this provision; provided, however, that if any such services or utilities shall be billed to Landlord and are not separately metered to the Leased Premises, the amount thereof shall be prorated by Landlord, and Tenant its agents or employees. Landlord shall pay to Landlord, upon demand, as additional rent hereunder, Tenant's share of such combined costs, expenses and charges, which shall not be an amount equal to liable for interference with the total charges therefor multiplied by a fraction, the numerator of which equals Tenant's estimated usage (as determined by Landlord from time to time in good faith) and the denominator of which equals the total usage of all tenants covered by such combined chargesnatural light. Tenant shall not at give immediate notice to Landlord of any time overburden fire, accident or exceed the capacity of the mains, feeders, ducts, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises and Tenant shall comply defect discovered with the rules, regulations and requirements of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in this Lease to Premises or the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants in the Building as determined by Landlord's electrical engineer, Tenant shall install, or cause to be installed, as part of the Premises Improvements, separate meters for the affected portions of the Leased Premises. Such meters shall be installed in accordance with the building specificationsBuilding. Tenant shall receive a credit against the cost of such separately metered electrical use, as reasonably determined acknowledges that it can protect itself to its satisfaction by Landlord, at the cost charged to Tenant for the separately metered electricity usedprocuring appropriate insurance.

Tenant’s Responsibility. The Tenant shall pay before delinquency, at its sole cost and expense, all charges for water, gas, heat, electricity, power, telephone service, sewer service and sewer rentals charged or attributable promptly deliver to the Leased PremisesLandlord copies of assessment notices, tax bills and other documents received by the Tenant relating to Taxes and Tenant's Taxes and receipts for payment of Tenant's Taxes. If, as a result of changes in existing applicable laws, in any fiscal year the Tenant is prohibited by law from making payments of Taxes directly to the Landlord, then it shall pay to the appropriate taxing authorities all other services or utilities used in, upon or about Taxes payable in respect of the Leased Premises during and promptly deliver to the Lease Term Landlord receipts evidencing such payment. In such event, the Landlord and the cost of installing meters or check meters therefor but only if required by Landlord under this provision; provided, however, that if any Tenant will make an adjustment within thirty (30) days after the final tax bills are issued for such services or utilities shall be billed to Landlord fiscal year and are not separately metered the Tenant will pay to the Leased Premises, Landlord the amount thereof shall be prorated by Landlord, and Tenant shall pay to Landlord, upon demand, as additional rent hereunder, which the Tenant's share of Taxes for such combined costs, expenses and charges, which shall be an fiscal year exceeds the amount equal of Taxes actually paid by the Tenant or the Landlord will pay to the total charges therefor multiplied Tenant the amount by a fractionwhich the Taxes actually paid exceed the Tenant's share, as the case may be. The Tenant shall not contest any Taxes or appeal any assessments relating thereto and shall not contest any Tenant's Taxes or appeal any assessments relating thereto without the Landlord's prior written approval WHICH SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED. If the Tenant obtains such approval, the numerator Tenant shall deliver to the Landlord such security for the payment of which equals such Tenant's estimated usage (Taxes as determined by the Landlord deems advisable and the Tenant shall diligently prosecute any such appeal or contestation to a speedy resolution and shall keep the Landlord informed of its progress in that regard from time to time in good faith) and the denominator of which equals the total usage of all tenants covered by such combined charges. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises and Tenant shall comply with the rules, regulations and requirements of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in this Lease to the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants in the Building as determined by Landlord's electrical engineer, Tenant shall install, or cause to be installed, as part of the Premises Improvements, separate meters for the affected portions of the Leased Premises. Such meters shall be installed in accordance with the building specifications. Tenant shall receive a credit against the cost of such separately metered electrical use, as reasonably determined by Landlord, at the cost charged to Tenant for the separately metered electricity usedtime.

Tenant’s Responsibility. The Tenant shall pay will, (a) upon request of the Landlord deliver to the Landlord for inspection, receipts for payment of all Taxes and Business Taxes payable by the Tenant, (b) promptly deliver to the Landlord by registered mail at least ten (10) days before delinquencythe last day for appeal or contestation, at its sole cost and expense, all charges for water, gas, heat, electricity, power, telephone service, sewer service and sewer rentals charged notices of any Assessments or attributable any Taxes or Business Taxes or other assessments received by the Tenant which relate to the Leased Premises, and all (c) furnish such other services or utilities used in, upon or about the Leased Premises during the Lease Term and the cost of installing meters or check meters therefor but only if required by Landlord under this provision; provided, however, that if information in connection with any such services or utilities shall be billed to Taxes and any such Business Taxes as the Landlord and are not separately metered to the Leased Premises, the amount thereof shall be prorated by Landlord, and Tenant shall pay to Landlord, upon demand, as additional rent hereunder, Tenant's share of such combined costs, expenses and charges, which shall be an amount equal to the total charges therefor multiplied by a fraction, the numerator of which equals Tenant's estimated usage (as determined by Landlord reasonably determines from time to time in good faithtime, (d) promptly deliver to the Landlord notice, by registered mail, of any appeal or contestation the Tenant intends to institute with respect to any Taxes or any Business Taxes and consult with and obtain the prior written approval of the Landlord to the appeal or contestation. If the Tenant obtains that approval, the Tenant will deliver to the Landlord whatever security for the payment of the Taxes and Business Taxes the Landlord considers advisable and the denominator Tenant will diligently prosecute the appeal or contestation to a speedy resolution and will keep the Landlord informed of its progress from time to time. If the Tenant fails to five notice to the Landlord required in this subparagraph, then, without limiting the Landlord's other remedies, the Tenant will be responsible during the Term, for payment to the Landlord, the difference between the Taxes and Business Taxes which equals would have been payable as the total usage of all tenants covered by such combined charges. Tenant shall not at any time overburden or exceed the capacity result of the mainsappeal or contestation not been made and the Taxes and Business Taxes payable as a result of the appeal or contestation, feeders(e) the Tenant will indemnify the Landlord against all loss, ductscost, conduits charges and expenses occasioned by or other facilities by which such utilities are supplied to, distributed arising from all Taxes in or serve respect of the Leased Premises and Tenant shall comply with the rules, regulations all Business Taxes and requirements any taxes which may in future be levied in lieu of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in Taxes or Business Taxes or which may be assessed against any rentals payable under this Lease in Lieu of Taxes or Business Taxes, whether against the Landlord or the Tenant including but not limited to any increase occurring in Taxes or Business Taxes arising directly or indirectly out of any appeal or contestation of the Tenant of the Taxes or Business Taxes relating to the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants in Leased Premises or the Building as determined by Landlord's electrical engineer, Tenant shall install, Project or cause to be installed, as any part of them. The Tenant will promptly deliver to the Premises Improvements, separate meters Landlord whatever security for any increase in Taxes and Business Taxes which the affected portions of the Leased Premises. Such meters shall be installed in accordance with the building specifications. Tenant shall receive a credit against the cost of such separately metered electrical use, as reasonably determined by Landlord, at the cost charged to Tenant for the separately metered electricity usedLandlord considers advisable.

Tenant’s Responsibility. The Tenant shall pay before delinquencywill, at its sole cost and expense(a) on the Landlord’s request, all charges for water, gas, heat, electricity, power, telephone service, sewer service and sewer rentals charged or attributable promptly deliver to the Leased PremisesLandlord, and (i) receipts for payment of all Business Taxes payable by the Tenant; (ii) notices of any assessments for Taxes or Business Taxes or other services or utilities used in, upon or about assessments received by the Leased Premises during the Lease Term and the cost of installing meters or check meters therefor but only if required by Landlord under this provision; provided, however, Tenant that if any such services or utilities shall be billed to Landlord and are not separately metered relate to the Leased Premises, Premises or the amount thereof shall be prorated by Landlord, Building; and Tenant shall pay (iii) whatever other information relating to Landlord, upon demand, as additional rent hereunder, Tenant's share of such combined costs, expenses Taxes and charges, which shall be an amount equal to Business Taxes the total charges therefor multiplied by a fraction, the numerator of which equals Tenant's estimated usage (as determined by Landlord reasonably requests from time to time in good faithtime; and (b) and the denominator of which equals the total usage of all tenants covered by such combined charges. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises and Tenant shall comply with the rules, regulations and requirements of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in this Lease deliver to the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants in the Building as determined by Landlord's electrical engineer, Tenant shall install, or cause to be installed, as part of the Premises Improvements, separate meters for the affected portions of the Leased Premises. Such meters shall be installed in accordance with the building specifications. Tenant shall receive a credit against the cost of such separately metered electrical use, as reasonably determined by Landlord, at least ten (10) days before the cost charged last date for filing appeals, notice of any appeal or contest that the Tenant intends to institute with respect to Taxes or Business Taxes payable by the Tenant and obtain the prior written consent of the Landlord for the separately metered electricity usedappeal or contest which consent will not be unreasonably withheld. If the Tenant obtains the Landlord’s consent, the Tenant will, (1) deliver to the Landlord whatever security for the payment of the Taxes or Business Taxes the Landlord reasonably requires; (2) promptly and diligently pursue the appeal or contest; and (3) keep the Landlord informed on all aspects of it. The Tenant will indemnify and save the Landlord harmless from all losses, costs charges and expenses arising from Taxes or Business Taxes as well as any taxes that are imposed in place of Taxes or Business Taxes or which are assessed against rentals payable under this Lease in place of Taxes or Business Taxes whether against the Landlord or the Tenant including, but not limited to increases in Taxes or Business Taxes arising directly or indirectly out of an appeal or contest by the Tenant. The Tenant will deliver to the Landlord any security for such an increase in Taxes or Business Taxes that the Landlord reasonably requires.

Tenant’s Responsibility. The Tenant shall pay before delinquency, at its sole cost and expense, all charges for water, gas, heat, electricity, power, telephone service, sewer service and sewer rentals charged or attributable promptly deliver to the Leased PremisesLandlord on request, copies of assessment notices, tax bills and all other services documents received by the Tenant relating to Taxes and Tenant’s Taxes and receipts for payment of Taxes and Tenant’s Taxes. The Landlord hereby acknowledges that the Landlord is not concerned with those of the Tenant’s Taxes relating to the Tenant’s personal property, furnishings, business, income or utilities used in, upon occupancy to the extent that the non-payment thereof cannot result in a charge against the Complex or about the Leased Premises during in favor of the Lease Term authority levying the same (the “Tenant’s Personal Taxes”) and hereby agrees that the Tenant’s obligations herein to deliver copies of assessment notices, tax bills and other documents relating to Tenant’s Taxes shall not extend to those relating only to Tenant’s Personal Taxes. The Tenant shall not contest any Taxes or Tenant’s Taxes or appeal any assessments relating thereto without the Landlord’s prior written approval. If the Tenant wishes to so appeal and the Tenant can demonstrate to the Landlord, acting reasonably, that the Tenant has a prima facie case in respect thereof, the Landlord will approve the same and co-operate and join in the Tenant’s contestation or appeal to the extent reasonably as required and requested by the Tenant, and any reasonable cost of installing meters or check meters therefor but only if required by the Landlord under this provision; provided, however, that if any such services or utilities shall be billed to Landlord and are not separately metered to the Leased Premises, the amount in respect thereof shall be prorated payable forthwith by Landlordthe Tenant upon the demand by the Landlord as an Additional Service Cost. If the Tenant obtains such approval, and the Tenant shall pay deliver to Landlord, upon demand, as additional rent hereunder, Tenant's share the Landlord such security for the payment of such combined costs, expenses Taxes or Tenant’s Taxes as the Landlord deems advisable and charges, which the Tenant shall be an amount equal diligently prosecute any such appeal or contestation to a speedy resolution and shall keep the total charges therefor multiplied by a fraction, the numerator Landlord informed of which equals Tenant's estimated usage (as determined by Landlord its progress in that regard from time to time in good faith) and the denominator of which equals the total usage of all tenants covered by such combined charges. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises and Tenant shall comply with the rules, regulations and requirements of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in this Lease to the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants in the Building as determined by Landlord's electrical engineer, Tenant shall install, or cause to be installed, as part of the Premises Improvements, separate meters for the affected portions of the Leased Premises. Such meters shall be installed in accordance with the building specifications. Tenant shall receive a credit against the cost of such separately metered electrical use, as reasonably determined by Landlord, at the cost charged to Tenant for the separately metered electricity usedtime.