Common use of Utilities and Other Services Clause in Contracts

Utilities and Other Services. In the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARD, the VILLAGE shall be responsible for installation and payment of any and all such utilities including, but not necessarily limited to electricity, field lighting, parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate services and/or meters in its name and shall pay for such services at its sole cost and expense. In addition, the VILLAGE shall secure all necessary jurisdictional approvals, and assume any and all liability related to the maintenance, repair and replacement of water/sewer facilities located within a utility easement on the DEMISED AREA or School Site that may impact the ongoing operation and use of the improvements to be constructed by the VILLAGE under this Agreement, or replacement thereof necessitated by such activities, and the BOARD shall have no liability for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair or replacement of such water/sewer facilities impacts any portion of the improvements to be constructed by the VILLAGE under this Agreement, the VILLAGE shall be responsible, at the VILLAGE’s sole cost and expense, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject to review and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agency.

Utilities and Other Services. In (a) All electric, gas, sewer and water and other utility service will be provided directly to the event Hangar Space and the VILLAGE utilizes Office Space through existing Building Systems by the public utility, New Castle County or constructs other utility providers servicing the Building. Tenant shall pay for all utilities consumed by Tenant at the Hangar Space and the Office Space based on the readings of one or more meters or submeters installed therein or elsewhere in the Building. To the extent any improvements requiring utilities furnished to the Hangar Space and/or the Office Space cannot be separately metered or Tenant is not billed directly by the public utility, New Castle County, or such other utility serviceprovider for such utilities, Tenant shall pay to Landlord, as determined additional rent, all charges for all utilities used by Tenant in the Hangar Space and the Office Space, within five (5) days of Tenant's receipt of a xxxx therefor. The charges for all utilities which are not separately metered or billed to Tenant shall be based upon metered use and shall be at the rates charged for such services by the BOARDlocal public authority or utility without xxxx-up. If Tenant shall require utility capacity in excess of that which is reasonably obtainable, then Tenant shall first procure the VILLAGE consent of Landlord (which consent will not be unreasonably withheld or delayed) to such additional capacity. Tenant shall pay all costs of installation of all facilities necessary to furnish any such excess capacity and for such increased usage. (b) Tenant shall be responsible for installation all services (other than landscaping and payment snow removal) furnished to the Hangar Space and the Office Space. The costs of all services (other than landscaping and snow removal) furnished by Landlord to the Common Areas, limited to Hangar , shall be borne by Tenant and the Co-Tenants in proportion to their proportionate interests in Hangar take occupancy of the balance of Hangar into an agreement upon terms and conditions mutually acceptable to them for the provision of any other services relating to the Common Areas and all such the sharing of the costs thereof and of any utilities includingwhich are not separately metered as between Tenant and any Co-Tenant. (c) Interruptions of any services, but whether or not necessarily limited to electricityfurnished by Landlord, field lighting, parking lot lighting, potable shall not be deemed an eviction or disturbance of Tenant's use and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate services and/or meters in its name and shall pay for such services at its sole cost and expense. In additionpossession of the Hangar Space, the VILLAGE shall secure all necessary jurisdictional approvals, and assume Office Space or any and all liability related to the maintenance, repair and replacement of water/sewer facilities located within a utility easement on the DEMISED AREA or School Site that may impact the ongoing operation and use of the improvements to be constructed by the VILLAGE under this Agreement, or replacement thereof necessitated by such activities, and the BOARD shall have no liability for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair or replacement of such water/sewer facilities impacts any other portion of the improvements to be constructed Leased Premises, or render Landlord liable for damages by abatement of Rent or otherwise, or relieve Tenant from the VILLAGE performance of its obligations under this Agreement, the VILLAGE shall be responsible, at the VILLAGE’s sole cost and expense, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject to review and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencyLease.

Utilities and Other Services. In (a) Commencing on the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARDdate of execution of this Lease, the VILLAGE LESSEE shall pay for all gas, electricity, water and sewer and any other utilities separately metered or sub-metered to the Leased Premises. The LESSEE shall be responsible for installation and all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall be responsible for the payment of any and its proportionate share of all such utilities includinggas, but not necessarily limited to electricity, field lighting, parking lot lighting, potable water and irrigation water, sewer, storm water, trash . use and garbageany other utilities not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. The VILLAGE shall install separate services and/or meters in its name and shall pay for such services at its sole cost and expense. In additionUpon request by the LESSOR, the VILLAGE LESSEE shall secure all necessary jurisdictional approvals, and assume any and all liability related provide the LESSOR with evidence of payment of such charges to the maintenanceutility supplier. LESSEE shall defend, repair indemnify and replacement hold LESSOR harmless from and against any claim or liability arising from such charges made by any such utility supplier for which LESSEE is responsible. (b) about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for any compensation or reduction of water/sewer facilities located within a utility easement on rent by reason of inconvenience or annoyance or for loss of business arising from the DEMISED AREA necessity of LESSOR or School Site that may impact its agents entering the ongoing operation and use of the improvements to be constructed by the VILLAGE under this AgreementLeased Premises, or replacement thereof necessitated for LESSEE's repairing the Leased Premises if such repair is not performed by such activitiesLESSOR, and the BOARD shall have no liability or for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair making repairs or replacement of such water/sewer facilities impacts renovations to any portion of the improvements Building, however the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be constructed performed on LESSOR's part, by the VILLAGE under this Agreement, the VILLAGE shall be responsible, at the VILLAGE’s sole cost and expense, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility agreements requiring the approval and/or joinder system, when necessary by reason of the BOARD as property owneraccident or emergency, or until necessary repairs have been completed. The BOARD will cooperate as necessary, subject LESSOR agreeing to review and approval of use reasonable due diligence to restore any such agreements service or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencyutility service.

Utilities and Other Services. In (a) Commencing on the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARDdate of execution of this Lease, the VILLAGE LESSEE shall pay for all gas, electricity, water and sewer and any other utilities separately metered or sub-metered to the Leased Premises. The LESSEE shall be responsible for installation and all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall be responsible for the payment of its proportionate share of all gas, electricity, water and sewer use and any other utilities not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such charges to the utility supplier. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any claim or liability arising from such charges made by any such utility supplier for which LESSEE is responsible. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide lighting to passageways and stairways and all such utilities including, but not necessarily limited to electricity, field lighting, parking lot lighting, potable areas and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate services and/or meters in its name and shall pay for such services at its sole cost and expense. In addition, walkways providing access from the VILLAGE shall secure all necessary jurisdictional approvals, and assume any and all liability related Building to the maintenance, repair parking area in the evening and replacement of water/sewer facilities located within a utility easement on the DEMISED AREA or School Site that may impact the ongoing operation to furnish ordinary repairs and use cleaning of the improvements common areas and facilities of the Building and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, accessways and approaches to the Building and the parking facility as is customary in or about similar buildings in Cambridge. LESSOR shall not be constructed liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the VILLAGE under this Agreementnecessity of LESSOR or its agents entering the Leased Premises, or replacement thereof necessitated for LESSEE'S repairing the Leased Premises if such repair is not performed by such activitiesLESSOR, and the BOARD shall have no liability or for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair making repairs or replacement of such water/sewer facilities impacts renovations to any portion of the improvements Building, however the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be constructed performed on LESSOR's part, by the VILLAGE under this Agreement, the VILLAGE shall be responsible, at the VILLAGE’s sole cost and expense, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility agreements requiring the approval and/or joinder system, when necessary by reason of the BOARD as property owneraccident or emergency, or until necessary repairs have been completed. The BOARD will cooperate as necessary, subject LESSOR agreeing to review and approval of use reasonable due diligence to restore any such agreements service or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencyutility service.

Utilities and Other Services. In (a) The LESSEE shall pay charges for all gas, heat, air-conditioning and electricity, and all other utilities separately metered or sub-metered to the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARD, the VILLAGE Leased Premises. LESSEE shall be responsible for installation and all utility company deposits applicable to the supply of such services to the Leased Premises. LESSEE shall also be responsible for the payment of its water and sewer use and utilities not separately metered or sub-metered to the Leased Premises all as reasonable determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of any direct payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any claim or liability arising for such charges which LESSEE is responsible for. (b) LESSOR agrees to furnish reasonable heat and air conditioning to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide lighting to passageways and stairways and all such utilities including, but not necessarily limited parking areas and walkways providing access from the Building to electricity, field lighting, the parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate services and/or meters area in its name and shall pay for such services at its sole cost and expense. In addition, the VILLAGE shall secure all necessary jurisdictional approvalsevening during customary business hours on regular business days, and assume any to furnish ordinary repairs and cleaning of the common areas and facilities of the Complex and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all liability related walkways, access ways and approaches to the maintenance, repair Building and replacement the parking facility as is customary in or about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for any compensation or reduction of water/sewer facilities located within a utility easement on rent by reason of inconvenience or annoyance or for loss of business arising from the DEMISED AREA necessity of LESSOR or School Site that may impact its agents entering the ongoing operation and use of the improvements to be constructed by the VILLAGE under this AgreementLeased Premises, or replacement thereof necessitated for LESSEE's repairing the Leased Premises if such repair is not performed by such activitiesLESSOR, and the BOARD shall have no liability or for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair making repairs or replacement of such water/sewer facilities impacts renovations to any portion of the improvements Building, however the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be constructed performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the VILLAGE under same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof except that in the event utilities are not provided to the Leased Premises for at least ninety (90) consecutive days then LESSEE shall be entitled to rent abatement going forward on the unusable portion of the Leased Premises or shall have the right to terminate this AgreementLease. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) to the extent there are separate meters for any utilities including heat, electricity, water and sewer, and air-conditioning, the VILLAGE LESSEE shall be responsiblepay its utility charges directly to the suppliers of such utility services at least before the same become delinquent. If there are not separate meters, at then LESSEE shall pay its pro rata share of the VILLAGE’s sole cost and expenseutility cost, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed as billed by the applicable jurisdictional entityLESSOR. The VILLAGE LESSEE and LESSOR shall notify have the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject right to review audit said charges and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencypayments upon reasonable notice.

Utilities and Other Services. In (a) The SUBLESSEE shall pay charges for all heat, air-conditioning, electricity, water and sewer, and other utilities which are separately metered or sub-metered to the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARD, the VILLAGE Leased Premises. SUBLESSEE shall be responsible for installation and all utility company deposits applicable to the supply of such services to the Leased Premises. SUBLESSEE shall also pay LESSEE's Proportionate Building Expense Share as set forth in the Prime Lease, of all utilities not separately metered or sub-metered to the Leased Premises but which serve the Leased Premises. Upon request by the SUBLESSOR, the SUBLESSEE shall provide the SUBLESSOR with evidence of payment of such charges. SUBLESSEE shall defend, indemnify and hold SUBLESSOR harmless from and against any and all claim or liability arising for such utilities includingcharges which SUBLESSEE is responsible for, but not necessarily limited for which it fails to electricity, field lighting, parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate pay. (b) Except where the interruption of services and/or meters in its name and shall pay for such services at its sole cost and expense. In addition, or utilities is caused by the VILLAGE shall secure all necessary jurisdictional approvalsnegligence or act of the SUBLESSOR, and assume such interruption continues for more than five (5) consecutive business days or more than ten (10) business days within any and all liability related calendar month (whether or not consecutive), LESSOR shall not be liable to LESSEE or SUBLESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the maintenancenecessity of SUBLESSOR or its agents entering the Leased Premises, repair and replacement of water/sewer facilities located within a utility easement on the DEMISED AREA or School Site that may impact the ongoing operation and use of the improvements to be constructed by the VILLAGE under this Agreementmake repairs in order to restore utilities, or replacement thereof necessitated by such activities, and the BOARD shall have no liability for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair making repairs or replacement of such water/sewer facilities impacts renovations to any portion of the improvements Building in order to restore utilities. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be constructed performed on behalf of SUBLESSOR'S part, by reason of any cause beyond SUBLESSOR'S control, SUBLESSOR shall not be liable to SUBLESSEE therefor, nor shall SUBLESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the VILLAGE under this Agreementsame give rise to a claim in SUBLESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. SUBLESSEE acknowledges that LESSOR has in the Prime Lease reserved the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To the extent SUBLESSOR or SUBLESSEE has installed separate meters for any utilities including heat, electricity, water and sewer, and air-conditioning to the Leased Premises, the VILLAGE SUBLESSEE shall be responsible, at pay its utility charges directly to the VILLAGE’s sole cost and expense, for repair or replacement suppliers of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by such utility services before the applicable jurisdictional entitysame become delinquent. The VILLAGE SUBLESSEE shall notify have the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject right to review audit said charges and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencypayments upon reasonable notice.

Utilities and Other Services. In (a) The LESSEE shall pay charges for all gas, heat, air-conditioning and electricity, and all other utilities separately metered or sub-metered to the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARD, the VILLAGE Leased Premises. LESSEE shall be responsible for installation and all utility company deposits applicable to the supply of such services to the Leased Premises. LESSEE shall also be responsible for the payment of its proportionate share of all water and sewer use and utilities not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of any direct payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any claim or liability arising for such charges which LESSEE is responsible for. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy during and to provide lighting to passageways and stairways and all such utilities including, but not necessarily limited parking areas and walkways providing access from the Building to electricity, field lighting, the parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate services and/or meters area in its name and shall pay for such services at its sole cost and expense. In addition, the VILLAGE shall secure all necessary jurisdictional approvalsevening during customary business hours on regular business days, and assume any to furnish ordinary repairs and cleaning of the common areas and facilities of the Complex and removal of snow and ice reasonably promptly after snow fall and ice accumulation have ended to all liability related walkways, accessways and approaches to the maintenance, repair Building and replacement the parking facility as is customary in or about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for any compensation or reduction of water/sewer facilities located within a utility easement on rent by reason of inconvenience or annoyance or for loss of business arising from the DEMISED AREA necessity of LESSOR or School Site that may impact its agents entering the ongoing operation and use of the improvements to be constructed by the VILLAGE under this AgreementLeased Premises, or replacement thereof necessitated for LESSEE's repairing the Leased Premises if such repair is not performed by such activitiesLESSOR, and the BOARD shall have no liability or for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair making repairs or replacement of such water/sewer facilities impacts renovations to any portion of the improvements Building, however, the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be constructed performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the VILLAGE under this Agreementsame give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To the extent there are separate meters for any utilities including heat, electricity, water and sewer, and air conditioning, the VILLAGE LESSEE shall be responsiblepay its utility charges directly to the suppliers of such utility services and at least before the same become delinquent. If there are not separate meters, at then LESSEE shall pay its pro rata share of the VILLAGE’s sole cost and expenseutility cost, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed as billed by the applicable jurisdictional entityLESSOR. The VILLAGE LESSEE and LESSOR shall notify have the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject right to review audit said charges and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencypayments upon reasonable notice.