Utilities and Maintenance. Landlord will provide, at its expense, heat, air conditioning, water, sewer services, electricity, janitorial and routine maintenance services to the Premises, the Building and the Property. Heating and air conditioning will be provided during normal business hours from 6:30 a.m. to 5:30 p.m., Monday through Friday, and from 8:00 a.m. to 12:00 noon on Saturdays. If maintenance or repair of the Premises, the Building or the Property is required as a result of the acts or omissions of Tenant, its employees, agents, or invitees, Landlord will perform such maintenance and repair and charge the cost thereof, including a gross hourly charge for maintenance employees of Landlord required to perform the work, as additional rent, to Tenant, and such additional rent will be paid by Tenant within thirty (30) days of its receipt of a statement of such charges. Notwithstanding the foregoing, Landlord shall be responsible for performing all regular maintenance and repair of the Premises required as a result of ordinary wear and tear at no expense to Tenant. Tenant will pay all telephone and telecommunications charges, including any and all charges relating to computer equipment, except electricity charges, allocable to its business activities in the Building. Landlord shall maintain the Building and Property in good condition and repair as an office building. Except as otherwise provided herein, all other maintenance and repair of the Premises, Building or Property will be performed by Landlord at Landlord’s expense. In the event there is an interruption in utility services to the Premises which materially and adversely affects the conduct of Tenant’s business therein, Tenant’s sole remedy will be an abatement of Rent during the period of such interruption, so long as Landlord works diligently to get such service restored, it being expressly understood and agreed by the parties that Landlord will in no event be liable for any direct, indirect, consequential, special, punitive or any other damages, or any lost profits of any kind whatsoever, suffered by Tenant as a result of, or arising out of, any such interruption in service, unless such interruption is caused by Landlord’s negligence, or reckless or intentional acts or omissions.
Appears in 2 contracts
Samples: Lease Agreement (US BioEnergy CORP), Lease (US BioEnergy CORP)
Utilities and Maintenance. Landlord The Lessee shall and will providepay all costs for gas, electricity, water, lights, heating, telephone, and all other utilities and things of a similar nature used on the demised said premises during the term of this lease. The Lessee shall apply for and pay required deposits for these items and will have the utilities put in its own name. The Lessor shall and will maintain, at its own expense, heatthe roof, plumbing, primary HVAC, foundation, and exterior walls of the building (except for Lessee's signs, if any). The roof shall be free of leaks. The Lessee shall and will maintain, at its own expense, all portions of the leased premises and any additional air conditioningconditioning which it may install. Additionally, the Lessee will likewise maintain the fixtures and equipment therein for which the Lessor is not responsible hereunder, if any, in a workable condition and will replace at its own expense any fixtures and equipment owned by the Lessor which become defective, broken, or unusable due to the willfulness or gross negligence of the Lessee, its agents, employees, or customers. The Lessor will be responsible for the landscaping and grounds maintenance. The Lessor hereby represents and warrants that as the commencement date of this Lease, the plumbing, electric, water, sewer services, electricity, janitorial and routine maintenance services to the Premises, the Building and the Property. Heating and air conditioning will be provided during normal business hours from 6:30 a.m. to 5:30 p.m., Monday through Friday, and from 8:00 a.m. to 12:00 noon on Saturdays. If maintenance or repair of the Premises, the Building or the Property is required as a result of the acts or omissions of Tenant, its employees, agents, or invitees, Landlord will perform such maintenance HVAC systems are in 8 good working order and repair and charge that the cost thereof, including a gross hourly charge for maintenance employees of Landlord required premises are ADA compliant; in the event that it is discovered that the building possesses one or more problems relating only to perform the work, as additional rent, to TenantADA compliance, and the amounts to be spent by the Lessor to correct such additional rent will be paid by Tenant within thirty an item or items relating to ADA compliance and bring the same into compliance exceed Ten Thousand and No/100's Dollars (30$10,000.00) days in the aggregate over the thirty-six (36) month term of its receipt of a statement of such charges. Notwithstanding this Lease (and any extensions or renewals hereof), then the foregoing, Landlord Lessee shall be responsible for performing all regular maintenance the additional amount. The Lessor further represents and repair warrants that as of the Premises required as a result of ordinary wear commencement date, that there are no hazardous materials within the premises and tear at no expense that the premises are in compliance with all applicable laws, ordinances, and regulations. The Lessor will provide adequate and functional lighting for the parking lot. Subject to Tenant. Tenant will pay all telephone and telecommunications charges, including any and all charges relating to computer equipment, except electricity charges, allocable to its business activities in the Building. Landlord shall maintain the Building and Property in good condition and repair as an office building. Except as otherwise provided dollar limitations expressed herein, the Lessor shall make all other maintenance and repair repairs within twenty-four (24) hours notice of the Premisessame, Building or Property will be performed by Landlord at Landlord’s expenseLessee can contract with outside services to repair and deduct that amount from next month's rent. In the event there is an interruption in utility services to the Premises which materially that individual repairs will cost more than $1,000.00 (One Thousand Dollars), Lessee will notify Lessor and adversely affects the conduct Lessor will provide approval for repair within 24 hours of Tenant’s business therein, Tenant’s sole remedy will be an abatement of Rent during the period of such interruption, so long as Landlord works diligently to get such service restored, it being expressly understood and agreed by the parties that Landlord will in no event be liable for any direct, indirect, consequential, special, punitive or any other damages, or any lost profits of any kind whatsoever, suffered by Tenant as a result of, or arising out of, any such interruption in service, unless such interruption is caused by Landlord’s negligence, or reckless or intentional acts or omissionsnotice.
Appears in 1 contract
Samples: TRX Inc/Ga
Utilities and Maintenance. Landlord will provide, at its expense, provide heat, air conditioning, water, sewer services, electricity, janitorial and routine maintenance services to the Premises, the Building and the Property. Heating and air conditioning will be provided during normal business hours from 6:30 a.m. to 5:30 p.m., Monday through Friday, and from 8:00 a.m. to 12:00 noon on Saturdays. If maintenance or repair of the Premises, the Building or the Property is required as a result of the acts or omissions of Tenant, its employees, agents, or invitees, Landlord will perform such maintenance and repair and charge the cost thereof, including a gross hourly charge for maintenance employees of Landlord required to perform the work, as additional rent, to Tenant, and such additional rent will be paid by Tenant within thirty (30) days of its receipt of a statement of such charges. Notwithstanding the foregoing, Landlord shall be responsible for performing all regular maintenance and repair of the Premises required as a result of ordinary wear and tear at no expense to Tenant. Tenant will pay all telephone and telecommunications charges, including any and all charges relating to computer equipment, except electricity charges, allocable to its business activities in the Building. Landlord shall maintain the Building and Property in good condition and repair as an office building. Except as otherwise provided herein, all other maintenance and repair of the Premises, Building or Property will be performed by Landlord at Landlord’s expense. In the event there is an interruption in utility services to the Premises which materially and adversely affects the conduct of Tenant’s business therein, Tenant’s sole remedy will be an abatement of Rent rent during the period of such interruption, so long as Landlord works diligently to get such service restored, it being expressly understood and agreed by the parties that Landlord will in no event be liable for any direct, indirect, consequential, special, punitive or any other damages, or any lost profits of any kind whatsoever, suffered by Tenant as a result of, or arising out of, any such interruption in service, unless such interruption is caused by Landlord’s gross negligence, or reckless or intentional acts or omissions.
Appears in 1 contract
Samples: Lease (US BioEnergy CORP)