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 Agreement (US BioEnergy CORP)
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 Agreement (US BioEnergy CORP)