Common use of UTILITIES AND JANITORIAL SERVICES Clause in Contracts

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter for the Premises installed by Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

Appears in 2 contracts

Samples: Sublease (Dynavax Technologies Corp), Laboratory Lease (Dynavax Technologies Corp)

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UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by either through a separate charge and shall not be included or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter for to be installed as part of the Premises installed Tenant Improvements, and paid by Tenant at Tenant’s sole cost within 30 days after billing as additional Rent under this Lease unless paid directly to the utility provider; and expense (the cost of which may b) as to all other utilities, shall either be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Landlord and shall be payable paid by Tenant to Landlord within 30 days after billing by Landlordas additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

Appears in 2 contracts

Samples: Workletter Agreement (Kyverna Therapeutics, Inc.), Workletter Agreement (Kyverna Therapeutics, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by either through a separate charge and shall not be included or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter for to be installed as part of the Premises installed Tenant Work, and paid by Tenant at Tenant’s sole cost within 15 days after billing as additional Rent under this Lease; and expense (the cost of which may b) as to all other utilities, shall either be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Landlord and shall be payable paid by Tenant to Landlord within 30 15 days after billing by Landlordas additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

Appears in 2 contracts

Samples: Office/Laboratory Lease (OmniAb, Inc.), Office/Laboratory Lease (Avista Public Acquisition Corp. II)

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating ExpensesExpenses on the terms provided in the definition of Operating Expenses set forth above. If Landlord so elects, any or all All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by either through a separate charge and shall not be included or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter for to be installed as part of the Premises installed Tenant Work, and paid by Tenant at Tenant’s sole cost within fifteen (15) days after billing as additional Rent under this Lease; and expense (the cost of which may b) as to all other utilities, shall either be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Landlord and shall be payable paid by Tenant to Landlord within 30 fifteen (15) days after billing by Landlordas additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systemssystems in the Premises, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers in the Premises and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

Appears in 2 contracts

Samples: Work Agreement (Caribou Biosciences, Inc.), Work Agreement (Caribou Biosciences, Inc.)

UTILITIES AND JANITORIAL SERVICES. All Charges for the utility services used consumed by Subtenant in or at the Subleased Premises during the Term (including electricity, and natural gas provided by Landlord) shall be included in the production Base Rent. All Building services and utility services (to the extent applicable) shall be provided in accordance with the terms of heating Section 11 of the Lease. Sublandlord shall not be liable to Subtenant for or any interruption or termination of utility services. Subtenant shall provide, at its own expense, any janitorial services it may use or require for the Subleased Premises. Subtenant shall not exceed the occupancy density ratio allocated to the Subleased Premises in accordance with Section 11.2 of the Lease during the Term. In the event Subtenant exceeds such density ratio in connection with its use of the Subleased Premises, Subtenant acknowledges and cooling agrees that Subtenant shall be solely liable and air supply responsible for all of the obligations and exhaust from covenants of the central HVAC Tenant under Section 11.2 of the Lease occasioned by such excessive usage, including without limitation, all costs and expenses in connection with any additional services and utilities supplied to the Subleased Premises, any installation of additional systems and equipment serving the Building and Subleased Premises, includingand any repair to Subleased Premises due to damage or wear and tear. To the extent Landlord does not provide any service to Sublandlord under the Lease that are not otherwise reimbursed as Operating Expenses, Subtenant shall contract directly with the service provider for such services (which shall include, but shall not be limited to telecommunications services). Sublandlord agrees, upon Subtenant’s request, to use reasonable efforts (excluding litigation or other adversarial proceedings), at Subtenant’s expense, (a) to cause Landlord to provide any Building services contemplated under the Lease to be provided to Subtenant, or (b) to obtain Landlord’s consent or approval under the Lease whenever required by the Lease, including promptly requesting such consent or approval from Landlord. Sublandlord and Subtenant hereby agree that reasonable efforts shall include, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter for the Premises installed by Tenant at Tenant’s sole cost and expense Sublandlord promptly (the cost of which may be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Landlord and shall be payable by Tenant x) providing written notice to Landlord within 30 days (or oral notice if permitted under the terms of the Lease) after billing by Landlord. In additionSublandlord receives notice from Subtenant hereunder, Tenant shall provide its own janitorial services (y) providing Subtenant with copies of written notices or written responses received from Landlord relating to the PremisesBuilding services or any requested consents or approval, using a janitorial service and (z) otherwise keeping Subtenant reasonably acceptable informed as to Landlord or shall make arrangements communications with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease relating to the contrarySublease Premises and the use thereof, Tenant shall not make the Building services and any alterations requested consents or additions to approvals hereunder or under the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacityLease.

Appears in 1 contract

Samples: Sublease Agreement (Rekor Systems, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter for the Premises installed by Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance), a meterexpense, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 15 days after billing by Landlord. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

Appears in 1 contract

Samples: Work Agreement (Zogenix, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used 18.1 Other than Landlord’s maintenance obligations expressly set forth in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premisesthis Lease, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expensesobligated to provide any services to Tenant. Such charges Tenant shall be based upon Tenant’s usage as measured by a separate meter or sub-meter obtain regular janitorial services for the Premises installed by Tenant at Tenant’s sole cost and expense (expense. Tenant shall obtain all water, electricity, sewerage, gas, telephone and other utilities for the Premises directly from the public utility company furnishing same. The cost of water provided to tenants of the Building is included in Operating Costs. Tenant shall pay all utility deposits and fees, and all monthly service charges for water, electricity, sewage, gas, telephone and any other utility services furnished to the Premises during the Lease Term. In the event any such utilities are not separately metered on the Commencement Date, then until such time as such services are separately metered, Tenant shall pay Landlord Tenant’s equitable share of the cost of which may be deducted from Tenant Improvement Allowance)such services, a meter, or as reasonably estimated determined by Landlord and shall be payable by confirmed in a written notice to Tenant with reasonable background SUMMIT RIDGE BUSINESS PARK/INOVIO PHARMACEUTICALS, INC. – PAGE 13 information relating to Landlord within 30 days after billing by Landlordsuch costs. In additionAnything to the contrary notwithstanding, Tenant shall provide its own janitorial remain obligated for the payment of Tenant’s Share of any utilities or services furnished to the PremisesCommon Areas. LANDLORD SHALL NOT BE LIABLE FOR DAMAGES NOR SHALL RENT OR OTHER CHARGES XXXXX IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF ANY UTILITY OR SERVICE SUPPLIED TO THE PREMISES, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for LandlordBUILDING OR PROJECT BY A REGULATED UTILITY OR MUNICIPALITY, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to LandlordOR ANY FAILURE OF A BUILDING SYSTEM SUPPLYING ANY SUCH SERVICE TO THE PREMISES AND NO SUCH FAILURE OR INTERRUPTION SHALL ENTITLE TENANT TO XXXXX RENT OR TERMINATE THIS LEASE OR RELIEVE TENANT OF ANY OF ITS OBLIGATIONS UNDER THIS LEASE. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacityLANDLORD SHALL USE REASONABLE EFFORTS TO RESTORE ANY SUCH INTERRUPTED SERVICES AS SOON AS REASONABLY POSSIBLE TO MITIGATE THE ADVERSE IMPACT OF THE SAME UPON TENANT AND ITS OPERATIONS ON THE PREMISES.

Appears in 1 contract

Samples: Office Lease Agreement (Inovio Pharmaceuticals, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in Article 1.1 (m), (the production of heating “Building Hours”), and cooling subject to the Rules and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within suitable for the intended use of the Premises, includingheat and air conditioning required in Landlord’s judgment for normal use and occupation of the Premises, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter janitorial services for the Premises installed by and Common Areas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Landlord will use diligent efforts to provide continuous elevator service for the Building. If Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance)shall require electric current, a meterwater, heating, cooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, currently at the rate of $.0026 per square foot, per hour, upon receipt of a statement of such costs from Landlord at the same time as payment of the Minimum Monthly Rent is made. Landlord may install separate electrical meters to, at Tenant’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord has installed electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. Landlord shall not relieve be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interrup­tion of any utility or service supplied to the Premises or Building by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant from to xxxxx rent or terminate this Lease. Overtime HVAC charges shall be billed to Tenant at the obligation to limit usage rate of electricity to no more than such capacity$.0026 per hour, per square foot.

Appears in 1 contract

Samples: Office Lease Agreement (Catalytica Energy Systems Inc)

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in Section 1.1 (the production of heating “Building Hours”), and cooling subject to the Rules and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within suitable for general use of the Premises, includingheat and air conditioning required in Landlord’s judgment for normal use and occupation of the Premises, without limitationand during such hours as determined by Landlord, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter janitorial services for the Premises installed by and Common Areas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Landlord will use diligent efforts to provide continuous elevator service for the Building. If Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance)shall require electric current, a meterwater, heating, cooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than Building Hours: (i) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time reasonably establish (and the current rate, as of the date of this Lease, is $8.00 per hour per zone of after-hours’ usage, subject to reasonable adjustments established by Landlord from time to time); and (ii) Tenant shall pay such cost within ten (10) days after billing. Landlord shall not relieve be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant to xxxxx rent or terminate this Lease. Notwithstanding the foregoing, if (x) any interruption or cessation of utilities results from Landlord’s breach of this Lease or the obligation gross negligence or willful misconduct of Landlord, or its employees, agents and contractors, or (y) any such interruption is covered by any rent loss insurance maintained by Landlord, then if the Premises are not usable by Tenant for the conduct of Tenant’s business as a result such interruption, and Tenant does not use the Premises, Minimum Monthly Rent and applicable Operating Costs not actually incurred up to limit usage that point by Tenant shall be abated for the period that commences three (3) business days after the date Tenant gives to Landlord notice of electricity to no more than such capacityinterruption until such utilities are restored.

Appears in 1 contract

Samples: Office Lease Agreement (Tpi Composites, Inc)

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in Article 1.1 (m), (the production of heating “Building Hours”), and cooling subject to the Rules and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within suitable for the intended use of the Premises, includingheat and air conditioning required in Landlord’s judgment for normal use and occupation of the Premises, without limitation, electricity and gas, shall be paid janitorial services (consistent with a Class A office building) or the Premises and Common Areas. Landlord further agrees to furnish hot and cold water to those areas provided for by Tenant by separate charge and shall not be included as part general use of Operating Expensesall tenants in the Building. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter Landlord will use diligent efforts to provide continuous elevator service for the Premises installed by Building. If Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance)shall require electric current, a meterwater, heating, cooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, currently at the rate of $.0026 per square foot, per hour, upon receipt of a statement of such costs from Landlord at the same time as payment of the Minimum Monthly Rent is made. Landlord may install separate electrical meters to, at Tenant’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord has installed electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. Landlord shall not relieve be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interruption of any utility or service supplied to the Premises or Building by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant from to xxxxx rent or terminate this Lease. Overtime HVAC charges shall be billed to Tenant at the obligation to limit usage rate of electricity to no more than such capacity$.0026 per hour, per square foot.

Appears in 1 contract

Samples: Office Lease Agreement (Global Water Resources, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving Landlord agrees to furnish through Landlord’s employees or independent contractors, the Building and Premisesservices listed in Exhibit G. If Tenant shall require electric current, includingwater, without limitationheating, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter for the Premises installed by Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance), a metercooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than normal Building Hours as defined in Section 1.1 (the “Building Hours”): (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant’s desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish (which costs shall be consistent with Landlord’s going rate for after-hours HVAC for the Building); and (iii) Tenant shall pay such cost within ten (10) business days after billing. Notwithstanding the foregoing, as an energy conservation measure, Landlord will not run heating and air conditioning equipment serving the Premises on Saturdays unless requested by Tenant (provided that Tenant shall not relieve be charged for such Saturday service unless it is outside of Building Hours). The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Building Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Landlord shall not be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant to xxxxx rent or terminate this Lease. Landlord shall have the right to install on-site power (i.e., solar or small wind) at the Building or Project. Tenant agrees to cooperate with Landlord in connection with the installation and on-going operation of such on-site power. Tenant shall have no right to any renewable energy credits resulting from on-site renewable energy generation, even if Tenant uses such energy. Landlord may retain or assign such renewable energy credits in Landlord’s sole discretion. Tenant shall within ten (10) business days of request by Landlord provide consumption data in form reasonably required by Landlord: (i) for any utility billed directly to Tenant and any subtenant or licensee; and (ii) for any submetered or separately metered utility supplied to the obligation Premises for which Landlord is not responsible for reading. If Tenant utilizes separate services from those of Landlord, Tenant hereby consents to limit usage Landlord obtaining the information directly from such service providers and, upon ten (10) business days prior written request, Tenant shall execute and deliver to Landlord and the service providers such written releases as the service providers may request evidencing Tenant’s consent to deliver the data to Landlord. Any information provided hereunder shall be held confidential except for its limited use to evidence compliance with any sustainability standards. If Tenant fails to deliver any release or to provide any information requested hereunder within the ten (10) business day period, then Landlord may charge Tenant the sum of electricity $100.00 per day for each day after the ten (10) day period until delivered (the “Late Reporting Fee”), in addition to no more than any other rights or remedies afforded to Landlord for an Event of Default pursuant to Article 28 of this Lease. A Tenant Party shall not use, nor allow any of its parent, subsidiary or affiliated entities or architects, engineers, or other consultants or advisors to use, any of such capacityconsumption data or other information to challenge any sustainability score, rating, certification or other approval granted by any third party.

Appears in 1 contract

Samples: Office Lease Agreement (Akcea Therapeutics, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in Article 1.1 (m), (the production of heating “Building Hours”), and cooling subject to the Rules and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within suitable for the intended use of the Premises, includingheat and air conditioning required in Landlord’s judgment for normal use and occupation of the Premises, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter janitorial services for the Premises installed by and Common Areas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Landlord will use diligent efforts to provide continuous elevator service for the Building. If Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance)shall require electric current, a meterwater, heating, cooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof, if, in Landlord’s reasonable discretion. Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, currently at the rate of $.0026 per square foot, per hour, upon receipt of a statement of such costs from Landlord at the same time as payment of the Minimum Monthly Rent is made. Landlord may install separate electrical meters to, at Tenant’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord has installed electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. Landlord shall not relieve be liable for damages nor shall rent or other charges axxxx in the event of any failure or interruption of any utility or service supplied to the Premises or Building by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant from to axxxx rent or terminate this Lease. Overtime HVAC charges shall be billed to Tenant at the obligation to limit usage rate of electricity to no more than such capacity$.0026 per hour, per square foot.

Appears in 1 contract

Samples: Office Lease Agreement (Renegy Holdings, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in SECTION 1.1, and subject to the production of heating Rules and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within suitable for general office use of the Premises, includingheat and air conditioning required in Landlord's judgment for normal use and occupation of the Premises, without limitationand during such hours as determined by Landlord, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter janitorial services for the Premises installed by and Common Areas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Landlord will use diligent efforts to provide continuous elevator service for the Building. If Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance)shall require electric current, a meterwater, heating, cooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair outside of normal Building Hours which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord's reasonable discretion, Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services as additional rent, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord's expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant's convenience. These meters shall be used, in part, by Landlord to determine Tenant's excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than Building Hours: (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant's desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish; and (iii) Tenant shall pay such cost as additional rent within ten (10) days after billing. Landlord shall not relieve be liable for damages nor shall rent or other charges abate in the event of any failure or interruption of any utility or xxxxice supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant from the obligation to limit usage of electricity to no more than such capacityabate rent or terminate this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Patron Systems Inc)

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UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by either through a separate charge and shall not be included or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter for to be installed as part of the Premises installed Tenant Improvements, and paid by Tenant at Tenant’s sole cost within 15 days after billing as additional Rent under this Lease; and expense (the cost of which may b) as to all other utilities, shall either be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Landlord and shall be payable paid by Tenant to Landlord within 30 15 days after billing by Landlordas additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall may provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

Appears in 1 contract

Samples: Workletter Agreement (Berkeley Lights, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer servicesservices used in the operation of the central HVAC systems, shall constitute Operating Expenses. If Landlord so electsElectricity used in the Common Areas and emergency power, any or all utility water and sewer services used by Tenant supplied to the Building and the Premises shall constitute Operating Expenses. Electricity usage within the Premises, including, without limitation, electricity other than overhead lighting and gascentral HVAC systems, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter for to be installed as part of the Premises installed Tenant Work, and paid by Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 15 days after billing as additional Rent under this Lease. If Tenant desires to use gas in the Premises, a separate meter or sub-meter must be installed as part of the Tenant Work, and measured usage will be paid by LandlordTenant within 15 days after billing as additional Rent under this Lease. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

Appears in 1 contract

Samples: Workletter Agreement (Gritstone Oncology, Inc.)

UTILITIES AND JANITORIAL SERVICES. 00056263.8 19 All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by either through a separate charge and shall not be included or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter for to be installed as part of the Premises installed Tenant Work, and paid by Tenant at Tenant’s sole cost within 15 days after billing as additional Rent under this Lease; and expense (the cost of which may b) as to all other utilities, shall either be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Landlord and shall be payable paid by Tenant to Landlord within 30 15 days after billing by Landlordas additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

Appears in 1 contract

Samples: Workletter Agreement (Ligand Pharmaceuticals Inc)

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving As an Operating Cost (except with respect to separately metered electricity), Landlord agrees to furnish through Landlord’s employees or independent contractors, the Building and Premisesservices listed in Exhibit G. If Tenant shall require electric current, includingwater, without limitationheating, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter for the Premises installed by Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance), a metercooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, within thirty (30) days following receipt of a statement of such costs from Landlord. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than normal Building Hours as defined in Section 1.1 (the “Building Hours”): (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant’s desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish; and (iii) Tenant shall pay such cost within thirty (30) days after billing. Notwithstanding the foregoing, as an energy conservation measure, Landlord will not run heating and air conditioning equipment serving the Premises on Saturdays unless requested by Tenant (provided that Tenant shall not relieve be charged for such Saturday service unless it is outside of Building Hours). The costs incurred by Landlord in providing HVAC service to Tenant from at a time other than Building Hours, shall include the obligation reasonably estimated costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to limit usage providing such service, but without xxxx-up. Except as otherwise expressly provided herein, Landlord shall not be liable for damages nor shall rent or other charges xxxxx in the event of electricity any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no more than such capacityfailure or interruption shall entitle Tenant to xxxxx rent or terminate this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Kura Oncology, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in Section 1.1, and subject to the production of heating Rules and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within suitable for general office use of the Premises, includingheat and air conditioning required in Landlord’s reasonable judgment for normal use and occupation of the Premises, without limitationand during such hours as determined by Landlord, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter janitorial services for the Premises installed by and Common Areas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Landlord will use diligent efforts to provide continuous elevator service for the Building. If Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance)shall require electric current, a meterwater, heating, cooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair outside of normal Building Hours which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s Landlord: 6 Tenant: reasonable discretion, Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services as additional rent, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than Building Hours: (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant’s desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish; and (iii) Tenant shall pay such cost as additional rent within ten (10) days after billing. Landlord shall not relieve be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant from the obligation to limit usage of electricity to no more than such capacityxxxxx rent or terminate this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (ARCA Biopharma, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in Article 1.1 (m), (the production of heating “Building Hours”), and cooling subject to the Rules and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within suitable for the intended use of the Premises, includingheat and air conditioning required in Landlord’s judgment for normal use and occupation of the Premises, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter janitorial services for the Premises installed by Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance), a meter, or as reasonably estimated by Common Areas. Landlord further agrees to furnish hot and shall be payable by Tenant cold water to Landlord within 30 days after billing by Landlord. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord those areas provided for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s general use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or all tenants in the Building. The Landlord will use diligent efforts to provide continuous elevator service for the Building. If Tenant shall require electric current, water, healing, cooling, or air which will result in excess consumption of such utilities or services. Tenant shall first obtain the written consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay landlord for the cost of such excess consumption of utilities or services, currently at the rate of $.0026 per square foot, per hour, upon receipt of a statement of such costs from Landlord at the same time as payment of the Minimum Monthly Rent is made, landlord may install separate electrical meters to, at Tenant’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord has installed electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. Landlord shall not relieve be liable for damages nor shall rent or other charges axxxx in the event of any failure or interruption of any utility or service supplied to the Premises or Building by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant from to axxxx rent or terminate this Lease. Overtime HVAC charges shall be billed to Tenant at the obligation to limit usage rate of electricity to no more than such capacity$.0026 per hour, per square foot.

Appears in 1 contract

Samples: Office Lease Agreement (Renegy Holdings, Inc.)

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving Landlord agrees to furnish through Landlord’s employees or independent contractors, the Building and Premisesservices listed in Exhibit G. If Tenant shall require electric current, includingwater, without limitationheating, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant by separate charge and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage as measured by a separate meter or sub-meter for the Premises installed by Tenant at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance), a metercooling, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 30 days after billing by Landlord. In additionair which will result in excess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than normal Building Business Hours as defined in Section 1.1: (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant’s desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish; and (iii) Tenant shall pay such cost within ten (10) days after billing. Notwithstanding the foregoing, as an energy conservation measure, Landlord will not run heating and air conditioning equipment serving the Premises on Saturdays unless requested by Tenant (provided that Tenant shall not relieve be charged for such Saturday service unless it is outside of Building Business Hours). The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Building Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Landlord shall not be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant to xxxxx rent or Terminate this Lease. Landlord shall have the right to install on-site power (i.e., solar or small wind) at the Building or Project. Tenant agrees to cooperate with Landlord in connection with the installation and on-going operation of such on-site power. Tenant shall have no right to any renewable energy credits resulting from on-site renewable energy generation, even if Tenant uses such energy. Landlord may retain or assign such renewable energy credits in Landlord’s sole discretion. Tenant shall within ten (10) days of request by Landlord provide consumption data in form reasonably required by Landlord: (i) for any utility billed directly to Tenant and any subtenant or licensee; and (ii) for any submetered or separately metered utility supplied to the obligation Premises for which Landlord is not responsible for reading. If Tenant utilizes separate services from those of Landlord, Tenant hereby consents to limit usage Landlord obtaining the information directly from such service providers and, upon ten (10) days prior written request, Tenant shall execute and deliver to Landlord and the service providers such written releases as the service providers may request evidencing Tenant’s consent to deliver the data to Landlord. Any information provided hereunder shall be held confidential except for its limited use to evidence compliance with any sustainability standards. If Tenant fails to deliver any release or to provide any information requested hereunder within the ten (10) day period, then Landlord may charge Tenant the sum of electricity $100.00 per day for each day after the ten (10) day period until delivered (the “Late Reporting Fee”), in addition to no more than any other rights or remedies afforded to Landlord for an Event of Default pursuant to Article 28 of this Lease. A Tenant Party shall not use, nor allow any of its parent, subsidiary or affiliated entities or architects, engineers, or other consultants or advisors to use, any of such capacityconsumption data or other information to challenge any sustainability score, rating, certification or other approval granted by any third party.

Appears in 1 contract

Samples: Office Lease Agreement (KalVista Pharmaceuticals, Inc.)

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