Common use of UTILITIES AND JANITORIAL SERVICES Clause in Contracts

UTILITIES AND JANITORIAL SERVICES. 17.1 Landlord agrees to furnish to the Premises during normal business hours, and subject to the rules and regulations of the Building, electricity suitable for the intended use of the Premises, heat and air conditioning required in Landlord's judgment for normal use and occupation of the Premises, and janitorial services for the Premises and Common Facilities. "Normal business hours" shall be Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 12:00 Noon. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Subject to Tenant's payment for Excess Consumption, Landlord agrees to make electricity, heat, air conditioning and elevator service available to the Premises on a twenty-four (24) hour a day, seven (7) day a week basis. Subject to Landlord's maintenance and repair obligations, Tenant may have access to the Premises twenty-four (24) hours a day during each day of the year. 17.2 As used in this Article 17, "Excess Consumption" means (i) the consumption of electrical current in excess of five (5) xxxxx per square foot of Usable Area of the Premises (excluding electricity used for heating, ventilation and air conditioning) including water, and compressed air (if compressed air is furnished by Landlord) in excess of that which would be provided to the Premises were the Premises to be built out with Building Standard Improvements only and used as general office space; and (ii) heating, ventilation and air conditioning during times other than Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 1:00 PM. Tenant will not, without the written consent of Landlord, use any apparatus, device or equipment in the Premises, or use heating, ventilation or air conditioning which will in any way result in Excess Consumption or connect, except through existing electrical outlets, water pipes, ducts or airpipes (if any) in the Premises, any apparatus, or device, for the purposes of using electric current, water, heating, cooling or air. If Tenant shall require water, heating, cooling, air or electric current which will result in Excess Consumption, Tenant shall first procure the consent of Landlord to the use thereof, and Landlord may cause separate meters to be installed to measure Excess Consumption or establish another basis for determining the amount of Excess Consumption. Landlord's installation of after hours air conditioning override controls and cost monitoring equipment in or for the Premises will be deemed to be Landlord's consent to the use of after hours heating, ventilation and air conditioning. Landlord may disable such controls upon Tenant's default in payment for such Excess Consumption. Tenant covenants and agrees to pay for the cost of the Excess Consumption based on Landlord's cost, plus any additional expense incurred in installing meters or keeping account of the Excess Consumption, at the same time as payment of the Minimum Monthly Rent is made. Tenant further agrees to pay Landlord the cost, if any, to upgrade existing mechanical, electrical, plumbing and air facilities, if required to provide Excess Consumption, upon receipt of a statement therefor. Excess Consumption costs will not be a Direct Cost for purposes of Article 4.

UTILITIES AND JANITORIAL SERVICES. 17.1 Landlord agrees to furnish to the Premises during normal business hours, and subject to the rules and regulations of the Building, electricity suitable for the intended use of the Premises, heat and air conditioning required in Landlord's judgment for normal use and occupation of the Premises, and janitorial services for the Premises and Common Facilities. "Normal business hours" shall be Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 12:00 Noon. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Subject to Tenant's payment for Excess Consumption, Landlord agrees to make electricity, heat, air conditioning and elevator service available to the Premises on a twenty-four (24t24) hour a day, seven (7) day a week basis. Subject to Landlord's maintenance and repair obligations, Tenant may have access to the Premises twenty-four (24) hours a day during each day of the year. 17.2 As used in this Article 17, "Excess Consumption" means (i) the consumption of electrical current in excess of five (5) xxxxx watts per square foot of Usable Area of the Premises (excluding electricity electxxxxxy used for heating, ventilation and air conditioning) including water, and compressed air (if compressed air is furnished by Landlord) in excess of that which would be provided to the Premises were the Premises to be built out with Building Standard Improvements only and used as general office space; and (ii) heating, ventilation and air conditioning during times other than Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 1:00 PM. Tenant will not, without the written consent of Landlord, use any apparatus, device or equipment in the Premises, or use heating, ventilation or air conditioning which will in any way result in Excess Consumption or connect, except through existing electrical outlets, water pipes, ducts or airpipes (if any) in the Premises, any apparatus, or device, for the purposes of using electric current, water, heating, cooling or air. If Tenant shall require water, heating, cooling, air or electric current which will result in Excess Consumption, Tenant shall first procure the consent of Landlord to the use thereof, and Landlord may cause separate meters to be installed to measure Excess Consumption or establish another basis for determining the amount of Excess Consumption. Landlord's installation of after hours air conditioning override controls and cost monitoring equipment in or for the Premises will be deemed to be Landlord's consent to the use of after hours heating, ventilation and air conditioning. Landlord may disable such controls upon Tenant's default in payment for such Excess Consumption. Tenant covenants and agrees to pay for the cost of the Excess Consumption based on Landlord's cost, plus any additional expense incurred in installing meters or keeping account of the Excess Consumption, at the same time as payment of the Minimum Monthly Rent is made. Tenant further agrees to pay Landlord the cost, if any, to upgrade existing mechanical, electrical, plumbing and air facilities, if required to provide Excess Consumption, upon receipt of a statement therefor. Excess Consumption costs will not be a Direct Cost for purposes of Article 4.

UTILITIES AND JANITORIAL SERVICES. 17.1 18.1 Landlord agrees to furnish to the Premises during normal business hoursBuilding Hours as defined in Article 1, and subject to the rules Rules and regulations of the Building, electricity suitable for the intended use of the PremisesRegulations, heat and air conditioning required in Landlord's judgment for normal use and occupation of the Premises, Premises and janitorial services for the Premises and Common Facilities. "Normal business hours" shall be Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 12:00 NoonAreas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Subject to Tenant's payment , as well as electricity suitable for Excess Consumptionthe intended use of the Premises, Landlord agrees to make electricity, heat, air conditioning and elevator service available to the Premises on a twenty-four (24) hour 24 hours a day, seven (7) day 7 days a week basisweek, 365 days a year. Subject If the Building includes an elevator, Landlord will use diligent efforts to Landlord's maintenance and repair obligationsprovide continuous elevator service for the Building, Tenant may have access to the Premises twenty-four (24) hours a day during each day of the yearbut Landlord does not guarantee that all elevators will be operational at all times. 17.2 18.2 As used in this Article 1718, "Excess Consumption" means (i) the consumption of electrical current (including current in excess of five (5) xxxxx per square foot of Usable Area of the Premises (excluding electricity used for heating120 volts), ventilation and air conditioning) including water, and heat, cooling, or compressed air (if compressed air is furnished by Landlord) in excess of that which would be provided to the Premises were the Premises to be built out with Building Standard Improvements only and (a) used as general office spacespace during Building Hours; and (iib) heatingequipped only with typewriters, ventilation and air conditioning during times other than Monday through Fridaydesk calculators, 7:00 AM to 6:00 PMnormal office computer equipment, dictation equipment, and Saturday, 8:00 AM to 1:00 PMcopying machines with power requirements of 30 amperes or less. Tenant will not, without the prior written consent of Landlord, use any apparatus, apparatus or device or equipment in the Premises, or use heatingincluding but without limitation thereto, ventilation or air conditioning duplicating machines, electronic data processing machines, punch card machines, and machines using electrical current in excess of 110 volts, which will in any way result in Excess Consumption Consumption; or connect, except through existing electrical outlets, water pipes, ducts or airpipes (if any) in the Premises, any apparatus, apparatus or device, device for the purposes purpose of using electric current, water, heating, cooling cooling, or air. If Tenant shall require electric current, water, heating, cooling, or air or electric current which will result in Excess Consumption, Tenant shall first procure the consent of Landlord to the use thereof, and Landlord may cause separate meters to be installed to measure Excess Consumption or establish another basis for determining the amount of Excess Consumption. Landlord's installation of after hours air conditioning override controls and cost monitoring equipment in or for the Premises will be deemed to be Landlord's consent to the use of after hours heating, ventilation and air conditioning. Landlord may disable such controls upon Tenant's default in payment for such Excess Consumption. Tenant covenants and agrees to pay for the cost of the Excess Consumption based on Landlord's cost, plus any additional expense incurred in installing meters or keeping account of the Excess Consumption, including (but not limited to) depreciation, accelerated depreciation and additional maintenance, at the same time as payment of the Minimum Monthly Rent is made. In lieu of the foregoing with respect to excess Consumption of heating and/or cooling, Landlord may establish and modify from time to time, a per hour charge for providing such service. Tenant further agrees to pay Landlord the costcosts, if any, to upgrade existing mechanical, electrical, plumbing plumbing, and air facilities, if required to provide Excess Consumption, upon receipt of a statement therefor. Excess Consumption costs will not be a Direct an Operating Cost for purposes of Article 45.

UTILITIES AND JANITORIAL SERVICES. 17.1 Landlord agrees to furnish to the Premises during normal business hourshours Monday through Friday, eleven (11) hour day basis and Saturday 8:00 a.m. to 12:00 p.m., and subject to the rules and regulations of the Building, electricity suitable for the intended use of the Premises, heat and air conditioning required in Landlord's judgment for normal use and occupation of the Premises, Premises and janitorial services as outlined on Schedule "D" attached for the Premises and Common Facilities. "Normal business hours" shall be Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 12:00 NoonAreas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Subject to Tenant's payment for Excess Consumption, Landlord agrees to make electricity, heat, air conditioning and elevator service available to the Premises on a twenty-four (24) hour a day, seven (7) day a week basis. Subject to Landlord's maintenance and repair obligations, Tenant may have access to the Premises twenty-four (24) hours a day during each day of the year. 17.2 As used in this Article 17, "Excess Consumption" means (i) the consumption of electrical current (including current in excess of five (5) xxxxx per square foot of Usable Area of the Premises (excluding electricity used for heating120 volts), ventilation and air conditioning) including water, and compressed air (if compressed air is furnished by Landlord) heat or cooling in excess of that which would be provided to the Premises were the Premises to be (i) built out with Building Standard Improvements only and only; (ii) used as general office spacespace during normal business hours (five (5) day week, eleven (11) hour day); and (iiiii) heatingequipped only with typewriters, ventilation desk calculators, personal computers dictation equipment and air conditioning during times other than Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 1:00 PMcopying machines with power requirements of 30 amperes or less. Tenant will not, without the written consent of Landlord, use any apparatus, apparatus or device or equipment in the Premises, or use heatingincluding but without limitation thereto, ventilation or air conditioning duplicating machines, electronic data processing machines and machines using electrical current in excess of 110 volts, which will in any way result in Excess Consumption or nor connect, except through existing electrical outlets, water pipes, ducts or airpipes (if anyany there be) in the Premises, any apparatus, or device, for the purposes of using electric current, water, heating, cooling or air. If Tenant shall require water, heating, cooling, air or electric current which will result in Excess Consumption, Tenant shall first procure the consent of Landlord to the use thereof, and Landlord may cause separate meters to be installed to measure Excess Consumption or establish another basis for determining the amount of Excess Consumption. Landlord's installation of after hours air conditioning override controls and cost monitoring equipment in or for the Premises will be deemed to be Landlord's consent to the use of after hours heating, ventilation and air conditioning. Landlord may disable such controls upon Tenant's default in payment for such Excess Consumption. Tenant covenants and agrees to pay for the cost of the Excess Consumption based on Landlord's cost, plus any additional expense incurred in installing meters or keeping account of the Excess Consumption, at the same time as payment of the Minimum Monthly Rent is made. Tenant further agrees to pay Landlord the cost, if any, to upgrade existing mechanical, electrical, plumbing and air facilities, if required to provide Excess Consumption, or if required, to increase the janitorial service, upon receipt of a statement therefor. Excess Consumption costs will not be a Direct Cost for purposes of Article 4.

UTILITIES AND JANITORIAL SERVICES. 17.1 Landlord agrees to furnish to the Premises at all times electricity suitable for the intended use of the Premises, and during normal business hours, hours on a five-day week and subject to the rules and regulations of the Building, electricity suitable for the intended use of the Premises, heat and air conditioning required in Landlord's judgment from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon, Saturday, excluding legally recognized holidays, for normal use and occupation of the Premises, and janitorial services for the Premises and the Building’s Common FacilitiesArea five (5) nights per week. "Normal business hours" Landlord shall be Monday through Fridayalso provide Tenant with heat and air conditioning at all other times, 7:00 AM day or night, at Landlord’s prevailing charges for additional consumption of heat or air conditioning, which Tenant acknowledges and agrees currently equals the rate specified in the Rules and Regulations attached hereto as Exhibit C, but is subject to 6:00 PM, change in Landlord’s sole and Saturday, 8:00 AM to 12:00 Noonabsolute discretion. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Subject to Tenant's payment for Excess Consumption, Landlord agrees to make electricity, heat, air conditioning and elevator service available to the Premises on a twenty-four (24) hour a day, seven (7) day a week basis. Subject to Landlord's maintenance and repair obligations, Tenant may have access to the Premises twenty-four (24) hours a day during each day of the year. 17.2 As used in this Article 17, "Excess Consumption" means (i) the consumption of electrical current in excess of five (5) xxxxx per square foot of Usable Area of the Premises (excluding electricity used for heating, ventilation and air conditioning) including water, and compressed air (if compressed air is furnished by Landlord) in excess of that which would be provided to the Premises were the Premises to be built out with Building Standard Improvements only and used as general office space; and (ii) heating, ventilation and air conditioning during times other than Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 1:00 PM. Tenant will shall not, without the written consent of Landlord, use any apparatus, apparatus or device or equipment in the Premises, or use heatingincluding without limitation, ventilation or air conditioning duplicating machines, electronic data processing machines and machines using electrical current in excess of 120 volts, which will in any way result in Excess Consumption or Consumption, nor connect, except through existing electrical outlets, water pipes, ducts or airpipes (if any) in the Premises, any apparatus, apparatus or device, device for the purposes of using electric current, water, heating, cooling or air. As used in this Section 13, “Excess Consumption” means the consumption of electrical current (including current in excess of 120 volts), water, heat or cooling in excess of that which would be provided to the Premises were the Premises to be (i) built out with the Building Standard Improvements only: (ii) used as general office space during the foregoing business hours: and (iii) equipped only with typewriters, desk calculators, personal computers, dictation equipment and copying machines with power requirements of 30 amperes or less. If Tenant shall require water, heating, cooling, air or electric current which will result in Excess Consumption, . Tenant shall first procure the consent of Landlord to the use thereof, and Landlord may cause separate meters to be installed to measure Excess Consumption or establish another basis for determining the amount of Excess Consumption. Landlord's installation of after hours air conditioning override controls and cost monitoring equipment in or for the Premises will be deemed to be Landlord's consent to the use of after hours heating, ventilation and air conditioning. Landlord may disable such controls upon Tenant's default in payment for such Excess Consumption. Tenant covenants and agrees to pay for the cost of the Excess Consumption based on Landlord's ’s cost, plus any additional expense incurred in installing meters or keeping account of the Excess Consumption, at the same time as payment of the Minimum Monthly Base Rent is made. Tenant further agrees to pay Landlord the cost, if any, to upgrade existing mechanical, electrical, plumbing and air facilities, if required to provide Excess Consumption, upon receipt of a statement therefor. Excess Consumption costs will not be a Direct an Operating Cost for purposes of Article 4Section 10. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises, unless the same shall have been caused by Landlord’s negligence and Landlord shall have been unable to cure such failure or interruption within 48 hours following notice from Tenant, in which event Tenant as its exclusive remedy for such failure or interruption shall be entitled to an abatement of Base Rent for the number of days Tenant is prohibited from operating or conducting its business and is closed to the public. In no event shall any such failure or interruption entitle Tenant to terminate this Lease or, except to the extent of any abatement permitted pursuant to this Section 13, withhold any rent or any other sums due pursuant to the terms of this Lease.

UTILITIES AND JANITORIAL SERVICES. 17.1 Landlord agrees to furnish to the Premises during normal business hoursMonday through Friday from 7:00 a.m. to 6:00 p.m. and on Saturday from 8:00 a.m. to 2:00 p.m. (collectively, "Normal Business Hours"), and for three (3) of the following: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or any other locally or nationally recognized holidays, subject to the rules and regulations of the Building, electricity suitable for the intended use of the Premises, heat and air conditioning required in Landlord's judgment for normal use and occupation of the Premises, and janitorial services for the Premises and Common FacilitiesAreas in accordance with Exhibit E hereto. "Tenant shall pay Landlord upon demand for any heating, ventilation and air conditioning provided outside of Normal business hours" Business Hours at Landlord's standard hourly rates, which shall be Monday through Friday, 7:00 AM subject to 6:00 PM, and Saturday, 8:00 AM to 12:00 Noonadjustment for changes in electrical power rates. Landlord's standard hourly rates will be calculated based on the marginal cost of operating the HVAC system outside of Normal Business Hours. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Subject to Tenant's payment for Excess Consumption, Landlord agrees to make electricity, heat, air conditioning and elevator service available to the Premises on a twenty-four (24) hour a day, seven (7) day a week basis. Subject to Landlord's maintenance and repair obligations, Tenant may have access to the Premises twenty-four (24) hours a day during each day of the year. 17.2 As used in this Article 17, "Excess Consumption" means (i) the consumption of electrical current in excess of five (5) xxxxx per square foot of Usable Area of the Premises (excluding electricity used for heating, ventilation and air conditioning) including water, and compressed air (if compressed air is furnished by Landlord) in excess of that which would be provided to the Premises were the Premises to be built out with Building Standard Improvements only and used as general office space; and (ii) heating, ventilation and air conditioning during times other than Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 1:00 PM. Tenant will shall not, without the written consent of Landlord, use any apparatus, apparatus or device or equipment in the Premises, or use heatingincluding without limitation, ventilation or air conditioning duplicating machines, electronic data processing machines and machines using electrical current in excess of 110 volts, which will in any way result in Excess Consumption or Consumption, nor connect, except through existing electrical outlets, water pipes, ducts or airpipes (if any) in the Premises, any apparatus, apparatus or device, device for the purposes of using electric current, water, heating, cooling or air. As used in this Section 12, "Excess Consumption" means the consumption of electrical current (including current in excess of 120 volts), water, heat or cooling in excess of that which would be provided to the Premises were the Premises to be (i) used as general office space during the foregoing business hours; and (ii) equipped only with desk calculators, personal computers, dictation equipment and copying machines with power requirements of 30 amperes or less. If Tenant shall require water, heating, cooling, air or electric current which will result in Excess Consumption, Tenant shall first procure the consent of Landlord to the use thereof, and Landlord may cause separate meters to be installed to measure Excess Consumption or establish another basis for determining the amount of Excess Consumption. Landlord's installation of after hours air conditioning override controls and cost monitoring equipment in or for the Premises will be deemed to be Landlord's consent to the use of after hours heating, ventilation and air conditioning. Landlord may disable such controls upon Tenant's default in payment for such Excess Consumption. Tenant covenants and agrees to pay for the cost of the Excess Consumption based on Landlord's cost, plus any additional expense incurred in installing meters or keeping account of the Excess Consumption, at the same time as payment of the Minimum Monthly Base Rent is made. Tenant further agrees to pay Landlord the cost, if any, to upgrade existing mechanical, electrical, plumbing and air facilities, if required to provide Excess Consumption, upon receipt of a statement therefor. Excess Consumption costs will not be a Direct an Operating Cost for purposes of Article 4Section 9. Landlord shall not be liable for damages or otherwise 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 and no such failure shall entitle Tenant to terminate this Lease.

UTILITIES AND JANITORIAL SERVICES. 17.1 18.1 Landlord agrees to furnish to the Premises during normal business hours, and subject to the rules and regulations of the Building, electricity suitable for the intended use of the Premises, heat and air conditioning required in Landlord's judgment for normal use and occupation of the Premises, Premises and janitorial services for the Premises and Common FacilitiesAreas. "Normal business hours" hours for the Building shall be Monday through Friday, 7:00 AM from 8:00 am. to 6:00 PMp.m. on Mondays through Fridays, and Saturday8:00 a.m. to 1:00 p.m. on Saturdays, 8:00 AM to 12:00 Noonexcept for national holidays. Services shall not be provided Saturdays, Sundays and holidays except herein provided. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Subject If Tenant is desirous of the use of the Premises over and above normal business hours, Landlord agrees that electricity, heating and air conditioning suited for the intended use of the Premises will be available to the Premises. Tenant agrees to pay the additional operating expense, if any, for these services, due to Tenant's payment for Excess Consumption, Landlord agrees to make electricity, heat, air conditioning and elevator service available to use of the Premises on a twenty-four (24) hour a day, seven (7) day a week basis. Subject to Landlord's maintenance and repair obligations, Tenant may have access to the Premises twenty-four (24) hours a day during each day of the yearafter normal business hours. 17.2 18.2 As used in this the Article 17, "Excess Consumption" means (i) the consumption of electrical current (including current in excess of five (5) xxxxx per square foot of Usable Area of the Premises (excluding electricity used for heating120 volts), ventilation and air conditioning) including water, and heat, cooling or compressed air (if compressed air is furnished by Landlord) in excess of that which would be provided to the Premises were the Premises to be be: (i) built out with Building Standard Improvements only and only; (ii) used as general office spacespace during normal business hours; and (iiiii) heatingequipped only with word processors, ventilation typewriters, desk calculators, dictation equipment and air conditioning during times other than Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 1:00 PMcopying machines with power requirements of 30 amperes or less. Tenant will not, without the written consent of Landlord, use any apparatus, apparatus or device or equipment in the Premises, or use heatingincluding but without limitation thereto, ventilation or air conditioning duplicating machines, electronic data processing machines, punch card machines and machines using electrical current in excess of 110 volts, which will in any way result in Excess Consumption (For purposes of this Section, Excess Consumption is the unreasonable consumption of electricity, water, heat, cooling or compressed air of a nature unrelated to the use of the Premises as general office space.) nor connect, except through existing electrical outlets, water pipes, ducts or airpipes (if anyany there be) in the Premises, any apparatus, or device, for the purposes of using electric current, water, heating, cooling or air. If Tenant shall require water, heating, cooling, cooling air or electric current which will result in Excess Consumption, Tenant shall first procure the consent of Landlord to the use thereof, and Landlord may cause separate meters to be installed to measure Excess Consumption or establish another basis for determining the amount of Excess Consumption. Landlord's installation of after hours air conditioning override controls and cost monitoring equipment in or for the Premises will be deemed to be Landlord's consent to the use of after hours heating, ventilation and air conditioning. Landlord may disable such controls upon Tenant's default in payment for such Excess Consumption. Tenant covenants and agrees to pay for the cost of the Excess Consumption based on Landlord's cost, plus any additional expense incurred in installing meters or for keeping account of the Excess Consumption, at the same time as payment of the Minimum Monthly Rent is made. Tenant further agrees to pay Landlord the cost, if any, to upgrade existing mechanical, electrical, plumbing and air HVAC facilities, if required to provide Excess Consumption, upon receipt of a statement therefor. Excess Consumption costs will not be a Direct Cost an Operating Expense for purposes of Article 4.