UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises: (a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year. (b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises. (c) Tenant will provide landscaping and grounds keeping to the common areas and Premises. 7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises. 7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7. 7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed. 7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages. 7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease. 7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 If the HVAC unit(s) servicing the Premises also serve other leased premises in a twelve month period. In the event when a major mechanical Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or building system failure is too costly to be repairedafter 6:00 P.M. on Mondays through Fridays, if so deemed by the Landlordbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and if neither all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean the following charges for each hour of “after hours” use (in addition to the applicable electricity charges paid to the utility provider) of the following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-30 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 30 tons. July 29, 2013 1 The following requirements for Tenant’s insurance shall be in effect during the Term, and Tenant shall also cause any subtenant to comply with the requirements. Landlord or Tenant is willing or able reserves the right to remedy the situation, either party can cancel this Leaseadopt reasonable nondiscriminatory modifications and additions to these requirements.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 2 contracts
Samples: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be provided on billed to Tenant, as stated in Section 1.10 of the premises:Lease Cover Sheet in addition to the monthly rent):
(a) Tenant will provide Electricity, water water, gas and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.;
(b) The Landlord Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall provide heat be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in the Landlord’s 's judgment, is reasonably required for the comfortable use and occupancy of the Premises.Premises while premises also are occupied by Landlord's educational programs; and
(cd) Tenant will provide landscaping Janitorial and grounds keeping window washing service to the common areas and Premisesareas.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s 's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s 's consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 If the HVAC unit(s) servicing the Premises also serve other leased premises in a twelve month period. In the event when a major mechanical Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or building system failure is too costly to be repairedafter 6:00 P.M., if so deemed by the Landlordon Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and if neither Landlord all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 283 hours of usage during any month during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or Tenant is willing nonusage of other unit(s) serving the Premises, or able to remedy of the situationapplicable unit during other periods of the Term). As used herein, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.“
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is A. Commencing with the intent date on which the City delivers the Premises to Tenant, Tenant shall be responsible for the payment of all separately metered utilities required for the proper operation of Tenant's business, together with all taxes levied or other charges on such utilities and governmental charges based on utility consumption. Tenant shall allow the City any access to the Premises necessary to meter, submeter and/or monitor usage of gas, water, sewer and electricity. Xxxxxx agrees to maintain and clean Premises and keep the same in a sanitary and orderly manner. Tenant shall remove its own organics, recycling and trash and deposit in dumpsters provided by the City adjacent to the Clubhouse. . Should Tenant fail to clean and maintain the Premises and remove waste therefrom as required herein, the City shall have the right to complete such services and charge Tenant such costs as additional rent. Xxxxxx agrees not to waste any utilities and will adopt affirmative practices and policies so as to maximize a conservative use of all utilities.
B. The City agrees to provide the heating, ventilating and air conditioning units ("HVAC") currently servicing the Premises, which shall be maintained by the City, the costs and expenses of which shall be part of CAM. The City will also bear the full cost of any sanitary sewer access charges (SAC) assessed to the Facility as a result of the parties that Tenant’s Work and use of the Premises as a restaurant.
C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under the City’s control shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant's obligations hereunder.
D. The Tenant shall assume pay for all responsibility for other services it needs to operate on the operation Premises including telephone and maintenance of other telecommunications services used in or charged against the Premises. Therefore, notwithstanding anything in the Lease to the contrary, Premises during the term of this Lease, the following lease. The Tenant agrees to coordinate these services with the City where reasonably available to promote communication between the City and the Tenant operations and shall allow for maintenance and repair of all apparatus providing such utilities and services will be provided on by the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed City to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs all maintenance and repair of utilities and other services supplied or ordered solely by the major mechanical systemTenant.
E. Prior to installing any equipment in the Premises that generates more than a minimum amount of heat, such as or places a substantial demand for electrical power on the boiler, HVAC and Clubhouse electrical system, and “Building Envelope”or a substantial demand for utility consumption or transmission of any kind on any system, such as the roof, foundation, walls and other structural components Tenant shall obtain the written permission of the BuildingCity. The City may refuse to grant such permission if the City determines the installation would place an undue burden on the Clubhouse HVAC systems or the amount of power required would place an undue burden on the Clubhouse electrical system.
F. Tenant shall employ the services of a pest control company to reasonably ensure that the Premises and waste dumpster area for the Clubhouse are free from pests. Tenant shall be responsible for routine operation, maintenance and repairs of all costs associated with the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Leasepest control services.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Samples: Restaurant Lease Agreement
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during (a) During the term of this Lease, landlord agrees to cause to be furnished to the Premises during customary business hours and during generally recognized business days, in such manner as is customary in similar buildings in the same geographical areas, as determined by Landlord and by the Rules and Regulations, the following utilities and services will (the cost of which shall be provided on the premises:included within Operating Expenses):
(ai) Tenant will provide Electricity, water water, gas and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(bii) The Landlord Telephone connection to the core space on the floor on which the Premises are located, but not including wiring from the core, telephone stations and equipment (it being expressly understood and agreed that Tenant shall provide heat be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises).
(iii) Heat and air conditioning to such extent and to such levels as, in the Landlord’s 's sole judgment, is are reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant , subject however to any limitations imposed by any government agency. The parties hereto agree and understand that such heat and air conditioning will provide landscaping be provided Monday through Friday from 8:00 am to 6:00 pm and grounds keeping Saturday from 8:00 am to 12:00 noon only. No heat or air conditioning shall be provided on holidays. At Tenant's request and upon Landlord's approval, which may be withheld for any reason or for no reason, Landlord shall furnish heat and air conditioning services at other times as requested by Landlord as Additional Rent, notwithstanding the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to fact that such services may also benefit portions of the Building other than the Premises.
7.3 (iv) Snow and trash removal service.
(v) Landscaping and grounds keeping service.
(b) Tenant shall arrange for and shall pay for, prior to delinquency, the entire cost and expense of all wiring for the core of the floor on which the Premises are located, telephone stations, equipment and use charges, electric light bulbs charges and all other materials and services not expressly required to be provided and paid for by Landlord pursuant to the provisions of this Section 7hereof.
7.4 (c) Tenant shall will not, without the prior written consent of Landlord, (i) use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount or to any extent cause consumption of electricity or water usually supplied at the Premises. Tenant shall not greater than is customary for general office tenants or (ii) connect any apparatus or device with electrical currentcurrent or water pipes, for the purpose of using electricity or water, except through existing electrical outlets or water pipes, as the case may be, in the Premises. Without limiting the generality of the foregoing, Landlord shall provide heating and air conditioning based upon the following parameters within each and every walled-off area in the Premises: (i) such space will be occupied by not more than one (1) person for each 150 square feet of useable area; (ii) lighting in such space will generate not more than two (2) watts per square foot of useablx xxxa; and (iii) all other electricity consuming equipment in such space will generate not more than one (1) watt per square foot of useable area. Tenant warrants that it intends to install the heat generating equipment specifically set forth on the attachment to the work letter entered into between Landlord and Tenant. Tenant shall notify only Landlord of any deletion to or substitution of equipment listed thereon.
(d) If Tenant requires water or electric current electricity in excess of that usually furnished or supplied at for the use designated in Section 7.1 above, or desires to use a computer on the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. , which consent Landlord may refuse in its sole discretion, and landlord may cause a water meter or electric current meter meter, as the case may be, to be installed in the PremisesPremises in order to measure the amount of water and electricity consumed for any such use. The cost of any such meters and of installation, maintenance, maintenance and repair thereof shall be paid promptly by Tenant. Xxxxxx further Tenant and Tenant agrees to pay Landlord promptly upon demand therefore for all such water and electric current electricity consumed as shown by said meters at the rates charged for such services by the City of Xxxxxxx or the local public utilityutility furnishing the same, as the case may be, plus any additional expense expenses incurred by Landlord in keeping account of the water and electric current electricity so consumed.
7.5 (e) If heat generating machines or devices are used in the Premises which affect the temperature other-wise maintained by the air-conditioning system, Landlord reserves the right to install additional or supplementary air-conditioning units for the Premises, and the entire cost of installing, operating, maintaining and repairing the same shall be paid by Tenant to Landlord promptly upon demand therefore by Landlord.
(f) Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or Lease, to effectuate any abatement or reduction of rent or to collect any damages by reason of Landlord’s 's failure to provide or furnish any of the foregoing utilities or services unless set forth in hereof, if such failure was due occasioned by any strike or labor controversy, any act or default of Tenant, the inability of Landlord to obtain services from the company supplying the same or any cause beyond the reasonable control of Landlord; provided, however, that if such delay or service interruption continues for a period in excess of thirty (30) consecutive days and such delay or interruption renders the Premises or any portion thereof untenantable for Tenant's normal business operations, the rent shall thereafter be abated in proportion to the gross negligence or intentional misconduct unusable portion of Landlordthe Premises. In no event shall Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to services even if within the extent due to the gross negligence or intentional misconduct control of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is A. Landlord agrees to provided water and sanitary sewer services to the intent common area restrooms of the parties that Building, together with janitorial supplies and cleaning services to such restroom facilities.
B. Landlord agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season (provided Tenant shall assume all responsibility for does not remove and/or relocate the operation and maintenance HVAC duct work serving the office areas of the Premises. Therefore), notwithstanding anything in the Lease as well as electricity and janitorial services to the contrary, during the term office areas of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (includingall specifically excluded from the Electrical Room), but without limitation thereto, electronic data processing machines, punch card machines on a 24-hour basis. Electricity to the Premises shall be by separate submeter.
C. No temporary interruption or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost failure of such meters and services incidental to the making of installationrepairs, maintenancealterations or improvements, and repair thereof or due to accidents or strike or conditions or events not under Landlord’s control, shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account deemed as an eviction of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish relieve the Tenant from any of the foregoing utilities or services unless such failure was Tenant’s obligations hereunder. Notwithstanding the foregoing, if for any reason whatsoever, except due to the gross negligence force majeure or by any negligent act or omission or intentional misconduct of LandlordTenant and as a result: (i) all or any portion of the Premises shall become untenantable (the “Untenantable Premises”) for the normal conduct of Tenant’s business for a period of three (3) consecutive days, (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant’s security personnel therein for the purposes of preservation of Tenant’s property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) Tenant shall give notice to Landlord of the facts set forth in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant’s business and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier).
D. For the purposes of this Article 7, normal business hours shall be deemed to mean the period of time between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees that Tenant shall have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such access may be subject to the use of security cards and other rules and regulations which Landlord may adopt from time to time with respect to the Building, provided the same are reasonable and are equally applicable to all tenants of the Building.
E. Tenant shall have the right to place telecommunications equipment of its customers within the Premises (“Co-Location”) and such Co-Location shall not be liable for loss deemed an assignment or injury sublease under the terms of this Lease Agreement regardless whether a written agreement exists between Tenant and its customers.
F. Tenant agrees prior to persons or property, however arising, occurring in connection with or attributable such time as it installs its own Tenant Generator (and during such time after Tenant has so installed its own Tenant Generator) that it elects to any failure continue to furnish such utilities or services, unless and only have available to it access to the extent due Landlord’s existing back-up emergency generator at no cost. Tenant shall pay to the gross negligence or intentional misconduct Landlord its proportionate costs of Landlord, all maintenance repairs and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components replacement of the Building’s back-up emergency generator. Such proportionate use shall be based on electrical connected load hooked up to said generator as compared to electrical connected load of other tenants within the Building hooked up to said generator.
G. If the Tenant installs its own Tenant Generator, Tenant shall cooperate with the Landlord in load shedding and/or peak moving program when requested by the electric utility supplier (Northern States Power Company). Tenant shall be responsible for routine operation, maintenance acknowledges that compliance with Northern States Power Company’s load shedding program has resulted in lower electrical charges to Landlord and repairs of the Premises. A major repair is expected to a system is one which exceeds $10,000 result in a twelve month period. In the event when a major mechanical or building system failure is too costly lower electrical charges to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this LeaseTenant.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Samples: Standard Office Lease Agreement (Eschelon Telecom Inc)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.“
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of utilities and services provided by Landlord that are not separately metered to the Premises (e.g. refuse pickup), and Tenant shall pay such amount to Landlord, as an item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenants proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an Item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises, except no “after hours” charges shall be applicable for any supplemental HVAC units servicing the lab and server room portions of the Premises. A major repair “After hours” shall mean more than an average of 9.5 hours of usage per day determined on a monthly basis during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each monthly period on a “non-cumulative” basis (that is, without regard to a system is one which exceeds Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean the following charges for each hour of “after hours” use (in addition to the applicable electricity charges paid to the utility provider) of the following described HVAC units: (i) $10,000 in a twelve month period5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-30 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 30 tons. In the event when a major mechanical or building system failure is too costly to be repairedAfter hours charges shall become effective only beginning on November 1, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease2016.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Samples: Lease Agreement (eASIC Corp)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for, telephone, telecommunications service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of electricity, water, gas, sewer, Premises janitorial service, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 If the HVAC unit(s) servicing the Premises also serve other leased premises in a twelve month period. In the event when a major mechanical Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or building system failure is too costly to be repairedafter 6:00 P.M. on Mondays through Fridays, if so deemed by the Landlordbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and if neither Landlord all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or Tenant is willing nonusage of other unit(s) serving the Premises, or able of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean $10.00 per hour for each hour of “after hours” use (in addition to remedy the situation, either party can cancel this Leaseapplicable electricity charges paid to the utility provider).
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the office portion of the Premises; it being understood that there shall be no standard/additional charges for after-hours usage of the HVAC units servicing the lab portion of the Premises. A major repair to a system is one which exceeds $10,000 If the HVAC unit(s) servicing the office portion of the Premises also serve other leased premises in a twelve month period. In the event when a major mechanical Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or building system failure is too costly to be repairedafter 6:00 P.M. on Mondays through Fridays, if so deemed by the Landlordbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and if neither Landlord or Tenant is willing or able all day on Sundays and nationally-recognized holidays, subject to remedy reasonable adjustment of said hours by Landlord. If the situationHVAC unit(s) serve only the office portion of the Premises, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.“
Appears in 1 contract
Samples: Lease Agreement (BioPharmX Corp)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.“
Appears in 1 contract
Samples: Lease (Meade Instruments Corp)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant 14.1 Landlord shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease furnish to the contraryPremises between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 5:00 p.m. on Saturday, during the term of this Leaseexcept legal holidays, the following utilities and services will be provided on the premisesservices:
(a) Tenant will provide ElectricityAir conditioning, water heating and sewer serviceventilation, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon prudent energy conservation practices and the average usage the previous year.availability of energy resources;
(b) The Landlord shall provide heat to Electric current for normal lighting purposes and operation of small business or medical machines such extent as typewriters, adding machines, small copying machines, small copying machines and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.calculators;
(c) Tenant will provide landscaping Usual janitorial and grounds keeping to maintenance service, including vacuuming and sweeping of floors, dusting, emptying of wastebaskets, and replacement of fluorescent tubes in the standard lighting fixtures installed in the Premises by Landlord. Landlord shall also maintain and keep lighted the common areas entries and Premises.toilet rooms in the Building;
7.2 Tenant shall, at its own costs, provide custodial and janitorial (d) Elevator service; and
(e) All water service to the PremisesBuilding, subject to the imposition of mandatory use or quantity limitations by applicable governmental agencies or authorities.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 14.2 Tenant shall not, without the written consent of Landlord, use any apparatus or device on in the Premises (includingother than those business machines referred to above, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which that will in any way increase the amount of electricity or water usually furnished or supplied at for use of the Premises. Tenant shall not connect with electrical currentPremises as general office space, except through existing electrical outlets in or that will materially affect the Premises. If Tenant requires water or electric current in excess of that usually supplied at temperature otherwise maintained by the Premises, Tenant shall first procure the written consent of Landlord for the use thereofair conditioning system. Landlord may cause a water meter or an electric current or water meter to be installed in the Premises. The Premises to measure the amount of electric current or water consumed for any such additional use, and shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, without limitation, modifications to the standard air conditioning equipment, with the costs of such installation and any additional cost of such meters operation and of installation, maintenance, and repair thereof shall maintenance occasioned thereby to be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 14.3 If Landlord provides electrical power in excess of normal office usage levels in order for Tenant to operate any heat generating data processing or other equipment requiring extra electrical power, and the Premises are not separately metered, or if Landlord provides any other utility or service which is in excess of that contemplated for routine office purposes, including additional cooling necessitated by Tenant's equipment, Landlord shall not reasonably determine the cost of such additional power or additional utility or service, and Tenant shall pay the cost thereof on a monthly basis to Landlord within ten (10) days after invoice. Tenant, at its cost and expense, shall provide telephone service to the Premises, and Tenant shall pay all charges for said telephone service.
14.4 Landlord shall in no event be liable for and Tenant shall not be entitled to terminate this Lease any interruption or to effectuate failure of utility services on the Premises, nor for any abatement or reduction of rent energy consumption within the Premises as required by reason of Landlord’s failure to provide any mandatory or furnish any of the foregoing utilities voluntary fuel or services unless such failure was due to the gross negligence energy allocation or intentional misconduct of Landlord. Landlord conservation statute, regulation, order or program, nor shall not this lease be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damagesaffected thereby.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 If the HVAC unit(s) servicing the Premises also serve other leased premises in a twelve month period. In the event when a major mechanical Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or building system failure is too costly to be repairedafter 6:00 P.M. on Mondays through Fridays, if so deemed by the Landlordbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and if neither Landlord all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or Tenant is willing nonusage of other unit(s) serving the Premises, or able of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean$10.00 per hour for each hour of “after hours” use (in addition to remedy the situation, either party can cancel this Leaseapplicable electricity charges paid to the utility provider).
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Samples: Lease Agreement (Lantronix Inc)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant Subject to reasonable Building rules and regulations, Landlord shall assume all responsibility make available for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide ElectricityTenant's use electricity, water and sewer serviceelevator service on a twenty-four (24) hour basis, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( seven (7) subject to annual review based upon the average usage the previous year.
(b) The days per week. Landlord shall provide heat or cause to such extent be provided the mains, conduits and other facilities necessary to supply water, electricity, telephone service (specifically T-1 lines) and sewage service to the Leased Premises. Tenant shall maintain plumbing and electrical lighting fixtures in the Leased Premises. Landlord shall provide routine maintenance, painting, plumbing and electric lighting service for all Common Areas and special service areas of the Property in the manner and to such levels asthe extent deemed by the Landlord to be standard. Landlord may, in its sole discretion, provide additional services not enumerated herein. Landlord shall not be liable for any interruption whatsoever in utility services furnished by it which are due to Acts of God or Force Majeure. Moreover, Landlord shall not be liable for any interruption of such utility services which continues during any reasonable period necessary to restore such service upon the Landlord’s judgment, is reasonably required for the comfortable use and occupancy occurrence of any of the Premises.
foregoing conditions. Failure by Landlord to any extent to provide any services of Landlord specified herein or any other services not specified, or any cessation thereof, shall not render Landlord liable in any respect for damages to either person or property (c) other than if caused by the gross negligence or willful misconduct of Landlord, its agents or employees), be construed as an eviction of Tenant, work an abatement of rent or relieve Tenant will from fulfillment of any covenant in this Lease. If any of the equipment or machinery necessary or useful for provision of any utility services, and for which Landlord is responsible, breaks down, or for any cause ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall have no claim for rebate of rent or damages on account of any interruption in service occasioned from the repairs. Tenant shall provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for Premises at its own expense. The air conditioning and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required heating service to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant Lease shall not, without the written consent of Landlord, use any apparatus or device on be adequate to maintain temperatures and humidity in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of levels reasonably acceptable to Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenanceTenant, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of any and all repairs, replacements, and/or modifications required to assure such service. Notwithstanding anything to the major mechanical systemcontrary stated hereinabove, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationpayment of all expenses related to the use of utilities to the Leased Premises, maintenance including, but not limited to, deposits, installation and repairs of start-up fees and monthly invoices for electrical power and water utilized in the Leased Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In Landlord may, at its option, separately meter the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this LeaseLeased Premises.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is A. Landlord agrees to provided water and sanitary sewer services to the intent common area restrooms of the parties that Building, together with janitorial supplies and cleaning services to such restroom facilities.
B. Landlord agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season (provided Tenant shall assume all responsibility for does not remove and/or relocate the operation and maintenance HVAC duct work serving the office areas of the Premises. Therefore), notwithstanding anything in the Lease as well as electricity and janitorial services to the contrary, during the term office areas of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (includingall specifically excluded from the Electrical Room), but without limitation thereto, electronic data processing machines, punch card machines on a 24-hour basis. Electricity to the Premises shall be by separate submeter.
C. No temporary interruption or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost failure of such meters and services incidental to the making of installationrepairs, maintenancealterations or improvements, and repair thereof or due to accidents or strike or conditions or events not under Landlord's control, shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account deemed as an eviction of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish relieve the Tenant from any of the foregoing utilities or services unless such failure was Tenant's obligations hereunder. Notwithstanding the foregoing, if for any reason whatsoever, except due to the gross negligence force majeure or by any negligent act or omission or intentional misconduct of LandlordTenant and as a result: (i) all or any portion of the Premises shall become untenantable (the "Untenantable Premises") for the normal conduct of Tenant's business for a period of three (3) consecutive days, (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant's security personnel therein for the purposes of preservation of Tenant's property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) Tenant shall give notice to Landlord of the facts set forth in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii ) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant's business and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier).
D. For the purposes of this Article 7, normal business hours shall be deemed to mean the period of time between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees that Tenant shall have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such access may be subject to the use of security cards and other rules and regulations which Landlord may adopt from time to time with respect to the Building, provided the same are reasonable and are equally applicable to all tenants of the Building.
E. Tenant shall have the right to place telecommunications equipment of its customers within the Premises ("Co-Location") and such Co-Location shall not be liable for loss deemed an assignment or injury sublease under the terms of this Lease Agreement regardless whether a written agreement exists between Tenant and its customers.
F. Tenant agrees prior to persons or property, however arising, occurring in connection with or attributable such time as it installs its own Tenant Generator (and during such time after Tenant has so installed its own Tenant Generator) that it elects to any failure continue to furnish such utilities or services, unless and only have available to it access to the extent due Landlord's existing back-up emergency generator at no cost. Tenant shall pay to the gross negligence or intentional misconduct Landlord its proportionate costs of Landlord, all maintenance repairs and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components replacement of the Building's back-up emergency generator. Such proportionate use shall be based on electrical connected load hooked up to said generator as compared to electrical connected load of other tenants within the Building hooked up to said generator.
G. If the Tenant installs its own Tenant Generator, Tenant shall cooperate with the Landlord in load shedding and/or peak moving program when requested by the electric utility supplier (Northern States Power Company). Tenant shall be responsible for routine operation, maintenance acknowledges that compliance with Northern States Power Company's load shedding program has resulted in lower electrical charges to Landlord and repairs of the Premises. A major repair is expected to a system is one which exceeds $10,000 result in a twelve month period. In the event when a major mechanical or building system failure is too costly lower electrical charges to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this LeaseTenant.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ($55.00) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Samples: Lease Agreement
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.“
Appears in 1 contract
Samples: Lease (Boot Barn Holdings, Inc.)
UTILITIES AND SERVICE. 7.1 It is the intent 6.1 The Landlord agrees, at its cost and expense, subject to payment of the parties that pro rata escalations to be paid by Tenant shall assume all responsibility for the operation and maintenance of the Premises. Thereforeas hereinafter provided in Article 26, notwithstanding anything in the Lease to furnish to the contrary, during Tenant the term of this Lease, the following utilities and Building services will be provided on the premisesas hereinafter provided:
(a1) Tenant will provide ElectricityLandlord shall supply the services as in this Lease provided during the work week. The work week is hereby defined to be that period from 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, and 9:00 A.M. to 1:00 P.M. on Saturdays. The work week shall not include Sundays and the holidays excepted as set forth on Schedule "E".
(2) The Building services to be furnished to the Leased Premises and the common core areas of the Building and improvements include water and sewer for sanitary purposes, heating, air-conditioning, power, sewer, standby sprinkler service, since elevator service (self-service), and all other common Building services, including electrical service for Building operation of the common areas in order to operate the Building as a first-class office Building, which shall include the items referred to on Schedule "D" hereinafter provided. Excepted from the foregoing is the cost of Tenant's electrical service for lighting and office equipment, machinery and fixtures, which electrical service shall be paid for by Tenant at Tenant's cost and expense an hereinafter provided.
(3) Landlord shall furnish janitorial service Monday through Friday only, with a description of janitorial services to be supplied attached hereto as Schedule "C". Tenant shall reimburse to Landlord the cost of removal from the Leased Premises of any refuse and rubbish of Tenant in excess of normal waste. Tenant shall pay such additional charge within ten (10) days of written demand.
6.2 Landlord shall furnish to Tenant electrical service for operation of lighting and non-high-energy fixtures and equipment in the nature of electric typewriters, personal computers, normal office-type photocopying equipment or equipment of equivalent immaterial consumption of electric energy. Tenant shall pay to Landlord monthly its pro rata share of such electrical service for Tenant's electric, which said sum shall be in arrears with the following month's rent to be paid in accordance with Article 3 based on monthly statements to be rendered by Landlord to Tenant. In the event there is any dispute as to Tenant's electric charge, such dispute shall be determined by an independent electrical rating service, payment for whose services shall be the sole obligation of the Tenant. Such independent electrical rating service shall establish the cost of electrical service to all of the offices in the Building in connection with the electrical services hereinabove referred to. Landlord shall, at Tenant's request, furnish to Tenant a written breakdown of the basis upon which Tenant's pro rata electrical cost charges are billed based and computed.
6.3 Tenant's use of electrical energy in the Leased Premises for high-energy machinery or equipment is expressly subject to Tenant obtaining from Landlord written consent to the Landlordinstallation of such machinery in the nature of mainframe computers, duplicating machinery in excess of normal office-type photocopying equipment and the like, in order to insure that the electrical capacity of the Building is not exceeded, and to avert possible adverse effect upon the Building electric service. Tenant agrees that in addition to the above it will not permit any additional electrical risers or service connections to be installed without the express written consent of the Landlord with respect thereto. Subject to the foregoing, in the event of any permitted installation of high-energy using electrical machinery or fixtures, Tenant shall pay to the Landlord the full cost of such additional electric service, which shall be based on the determination of an independent electrical rating service of the annual cost attributable to such use. Said sum shall be paid monthly by Tenant to Landlord upon establishment of the amount thereof in the same manner as hereinabove provided in Article 6.2, subject to adjustment and increase or decrease in electrical energy charges as may be applicable from time to time.
6.4 If Tenant uses the Leased Premises beyond the regular work week, the Tenant shall be responsible for the cost of heating, ventilating and air- conditioning services actually furnished at the rate of $50.00 per hour, exclusive of Tenant's electric. Tenant agrees that it will pay a monthly sum ( cooperate with Landlord in metering Tenants use in accordance with any energy or other use measuring systems which Landlord may install in the Leased Premises. Notwithstanding the above, it is understood and agreed that the foregoing hourly charge shall not be imposed upon Tenant in connection with the first twenty five (25) subject to annual review based upon hours of overtime HVAC usage during each year of the average usage the previous yearlease term.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 6.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease full or to effectuate any abatement or reduction partial interruption of rent by reason of Landlord’s failure to provide or furnish any of the foregoing above services or utilities or services unless such failure was due to the gross negligence or intentional misconduct of from conditions beyond Landlord. 's control, but Landlord shall not be liable for loss or injury use due diligence to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless restore the services and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Buildingutilities. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord The rent shall not be responsible for xxxxx, in whole or in part, during any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several yearssuch interruption.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is the intent of the parties Landlord represents and warrants that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand are currently separately metered for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Buildingutilities. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used exclusively by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 If the HVAC unit(s) servicing the Premises also serve other leased premises in a twelve month period. In the event when a major mechanical Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or building system failure is too costly to be repairedafter 9:00 P.M. on Mondays through Fridays, if so deemed by the Landlordbefore 9:00 A.M. or after 5:00 P.M. on Saturdays, and if neither Landlord before 9:00 A.M. or Tenant is willing after 1:00 P.M. on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 87 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or able to remedy nonusage of other unit(s) serving the situationPremises, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairsor of the applicable unit during other periods of the Term). The District’s priority and scheduling may push these repairs out several years.As used herein, “
Appears in 1 contract
Samples: Lease (BioNano Genomics, Inc)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.“
Appears in 1 contract
Samples: Lease (Lantronix Inc)
UTILITIES AND SERVICE. 7.1 It is 7.01. Landlord shall furnish hot and cold water in the intent public lavatories located on the floor(s) on which the Demised Premises are located, and shall furnish separately metered hot and cold water to the Demised Premises if the Demised Premises include plumbing fixtures. The installation of the parties that Tenant meter shall assume all responsibility be at Landlord’s expense.
7.02. Landlord shall furnish heat and cooling to the Demised Premises through a separate HVAC system which, prior to installation, shall be subject to reasonable review by Tenant’s engineers. Tenant’s consumption of heat shall be measured by submeter and calculated by applying to Tenant’s consumption 100% of the public utility rate schedule then applicable to Landlord for purchase of gas for the operation Building. Bills for heat shall be rendered at such times as Landlord may elect, and maintenance such invoices shall be paid by Tenant as Additional Rent within ten (10) business days of Tenant’s receipt thereof. Tenant’s consumption of electricity for air conditioning shall be measured and payable as set forth in Section 5.01.
7.03. Landlord shall furnish automatic, non-attended elevator service for the Premises. Therefore, notwithstanding anything Demised Premises in common with other tenants in the Lease Building.
7.04. Landlord shall furnish electrical energy to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required Demised Premises for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing ordinary small office machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the PremisesPC’s, lighting fixtures for use during typical business hours, a microwave, refrigerator and coffee machines. Tenant shall not connect with any machines that exceed the capacity of the electrical current, except through existing electrical outlets in system serving the Premises. If Tenant requires water Demised Premises or electric current dissipate heat in excess of that usually supplied for which the HVAC system is designed, and agrees that the connected load in the Demised Premises shall not in the aggregate exceed 5 xxxxx at 120 volts single phase per rentable square foot, exclusive of air conditioning, except with the Premises, Tenant shall first procure the prior written consent of Landlord for the use thereofLandlord.
7.05. Landlord may cause a water meter or electric current meter It is understood that if any services to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred provided by Landlord in keeping account are interrupted by reason of accident, construction or any other reason (other than the water and electric current so consumed.
7.5 intentional misconduct or negligence of Landlord), such interruption shall not be deemed a constructive eviction, Landlord shall not be liable for in damages to Tenant, and Tenant shall not be entitled to terminate this Lease or to effectuate any an abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of LandlordRent. However, Landlord shall not be liable for loss or injury use reasonable efforts to persons or property, however arising, occurring in connection with or attributable promptly and diligently restore service and take all steps reasonably necessary to any failure minimize the deprivation of services to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is Landlord shall furnish to the intent Premises --------------------- and to the building in which the Premises are located, during reasonable hours of generally recognized business days, to be determined by Landlord, and subject to the rules and regulations of the parties that Tenant shall assume all responsibility Project, reasonable quantities of water and electricity suitable for the operation and maintenance intended use of the Premises. ThereforePremises and the building in which the Premises are located, notwithstanding anything heat and air conditioning required in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required 's judgment for the comfortable use and occupancy occupation of the Premises.
, refuse collection and janitorial services. Tenant agrees that at all time it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning systems. The cost of all utilities and services furnished by Landlord to the Premises and to the building in which the Premise are located pursuant to this paragraph 12 shall be direct expenses and Tenant shall pay its percentage share of such costs to Landlord as provided in paragraphs 4 and 5. Notwithstanding any provision to the contrary, a portion of the Premises consisting of approximately thirteen thousand eight hundred thirteen (c13,813) square feet, as specified in Exhibit C hereto, shall be separately metered for electricity and Tenant shall contract directly with the utility provider for electricity and directly pay all electric bills to the provider for electricity provided to the separately metered space. Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of rent by reason of, Landlord's failure to furnish any of the foregoing services when such failure is caused by accident, breakage or repairs (provided Landlord acts in a commercially reasonably manner to correct or repair the same, and provided such repair is Landlord's responsibility and within Landlord's control), strikes, lockouts or other labor disturbances or labor disputes of any character, governmental moratoriums, regulations, or other governmental actions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. In addition, Tenant shall not be relieved from the performance of any covenant or agreement in this lease because of any such failure, and no eviction of Tenant shall result from such failure. Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, which consent shall not be unreasonably withheld, use any apparatus or device on in the Premises (including, but without limitation theretolimitation, electronic data processing machines, punch card machines or machines using current in excess of 110 200 volts) which will in any way increase the amount of electricity (excluding those areas of the Premises that are separately metered for electricity and paid by Tenant directly), water or water air conditioning usually furnished or supplied at to Premises in the Premises. Tenant shall not Project being used as general office space and other permitted uses as specified in paragraph 1 of this lease or connect with electrical current, electric current (except through existing electrical outlets in the Premises) or with water pipes any apparatus or device for the purpose of using electric current or water. If Tenant requires shall require water or electric current in excess of that usually furnished or supplied at to premises in the Premises, Project being used as general office space then Tenant shall first procure obtain the written consent of Landlord, which consent shall not be unreasonably withheld, and Tenant shall pay to Landlord for promptly on demand, as additional rent, the use thereoffull cost of such excess use. Landlord may cause a water meter or an electric current or water meter to be installed in the PremisesPremises in order to measure the amount of electric current or water meter to be installed in the Premises in order to measure the amount of electric current or water consumed for any such excess use. The cost of any such meters meter and of the installation, maintenancemaintenance and repair thereof, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand all charges for all such excess water and electric current consumed (as shown by meters and at the rates then charged for such services by the City of Xxxxxxx or the local furnishing public utility, ) plus any additional expense incurred by Landlord in keeping account of the water and electric current or water so consumed.
7.5 , shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord. Whenever heat generating machines or equipment are used in the Premises by Tenant which affect the temperature otherwise maintained by the air conditioning system, Landlord shall not be liable for have the right to install supplementary air conditioning units in the Premises and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction the cost thereof, including the cost of rent by reason installation and the cost of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or propertyoperation and maintenance thereof, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. paid by Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed Landlord upon demand by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Samples: Sublease (Ebay Inc)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ($300.00) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Samples: Lease Agreement
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 If the HVAC unit(s) servicing the Premises also serve other leased premises in a twelve month period. In the event when a major mechanical Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or building system failure is too costly to be repairedafter 6:00 P.M. on Mondays through Fridays, if so deemed by the Landlordbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and if neither Landlord all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or Tenant is willing non-usage of other unit(s) serving the Premises, or able to remedy of the situationapplicable unit during other periods of the Term). As used herein, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.“
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Samples: Lease (Lombard Medical, Inc.)
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. ThereforeA. Landlord agrees to furnish water, notwithstanding anything in the Lease to the contraryelectricity, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer elevator service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month periodservice. In the event when Tenant’s requirements and/or usage of such utilities and services is substantially greater than is customarily supplied to a major mechanical typical tenant in the Building, Landlord or building system Tenant may request that the difference in such requirement and/or usage be determined and that appropriate adjustments be made in the Minimum Rental provided for in Article 3 of this Lease Agreement.
B. Landlord agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season in accordance with the standards of comparable office buildings, all during normal business hours as defined in this Lease Agreement. Notwithstanding the foregoing, upon reasonable advance notice by Tenant to Landlord, HVAC services shall be made available to the Premises after normal business hours, at a charge to Tenant not to exceed Landlord’s actual costs therefor.
C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord’s control, shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant’s obligations hereunder. Notwithstanding the foregoing, in the event (i) either (x) such interruption or failure of services is too costly to be repaired, if so deemed caused by the negligence or willful misconduct of Landlord or (y) the restoration of such services is within the reasonable control of Landlord and Landlord fails to take commercially reasonable steps to restore such services as soon as reasonably possible, (ii) the interruption or failure of such services continues for a period of five (5) consecutive business days following notice by Tenant to Landlord, and if neither Landlord (iii) as a result of such interruption or failure of services, the Premises, or a portion thereof are rendered untenantable and, in fact, Tenant does not use the untenantable portion of the Premises for its normal business operations during said period of time, then in such case, the payment of Minimum Rental and Additional Rental under Article 6 of this Lease Agreement shall thereafter xxxxx, in the proportion that the untenantable portion of the Premises bears to the entire Premises, until such time as such services are restored to the untenantable portion of the Premises or Tenant is willing or able begins again to remedy the situationuse such Premises for its normal business operations, either party can cancel this Leasewhichever occurs first.
7.7 Landlord D. For the purposes of this Article 7, normal business hours shall not be responsible for any loss caused deemed to mean the periods of time between 6:00 a.m. and 6:00 p.m., Monday through Friday and 8:00 a.m. and 1:00 p.m. on Saturdays, and specifically excluding Sundays and legal holidays. Notwithstanding the foregoing, Tenant by Xxxxxxxxshall have elevator access to the Premises all day, every day subject to Landlord’s failure to make any major repairs. The District’s priority card access system and scheduling may push these repairs out several yearsother security measures.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant 7.01 Lessor shall assume all responsibility provide at Lessors sole expense separate electricity and gas meters for the operation and maintenance of the Demised Premises. Therefore, notwithstanding anything in Lessee shall establish its own account with the Lease utility company to provide electricity and gas service to the contraryDemised Premises and shall pay all fees and charges for such service directly to the utility company.
7.02 Lessee shall pay, during as additional rent, Lessee's pro-rata share the term cost of this Lease, the following utilities and services will furnished to the Demised Premises, which pro-rata share shall be provided on the premises:proportion to which the Demised Premises bears to all other buildings which share the common areas.
(a) Tenant will provide Electricity22.05% of all water, water sewer, and sewer service, since Common Area maintenance charges for the services are Industrial Center as billed to the LandlordLessee by Lessor, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous yearincluding but not limited to, landscape maintenance, lighting maintenance, utility charges, and parking lot sweeping.
(b) Garbage collection charges attributable to the Demised Premises, as billed to Lessee by Lessor according to Lessee's actual usage thereof. The Landlord foregoing charges shall be due and payable to Lessor within ten (10) days after receipt of a billing therefor by Lessee, which billing shall contain evidence of the method by which Lessor calculated Lessee's use of water, sewer and common area maintenance service.
7.03 Lessor shall maintain the Common Areas of the Industrial Building in good condition and repair, except for damage occasioned by negligence or willful misconduct of Lessee or Lessee's agents or invitees, which damage shall be promptly repaired by Lessor in a good and wxxxxxx like fashion at Lessee's expense. Lessor shall have no obligation to provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required janitorial service for the comfortable use and occupancy of the Demised Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord 7.04 Lessor shall not be in default hereunder or be liable for and Tenant any damages directly or indirectly resulting from, nor shall not the rent provided herein be entitled to terminate this Lease or to effectuate any abatement or reduction of rent abated by reason of Landlord’s Lessor's failure to provide furnish or furnish delay in furnishing any of the foregoing utilities or services unless when such failure was due to or delay is caused by accident, breakage, repairs, strikes, lockouts or other labor dispute, or by limitation, curtailment, rationing or restrictions on use of electricity, gas, water or other utility, or any other cause, similar or dissimilar, beyond the gross negligence or intentional misconduct reasonable control of LandlordLessor. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring Notwithstanding the above in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when said delay or failure continues for a major mechanical period longer than ten (10) days, rent axxxx until said delay or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Leasecured.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, the following utilities and services will be provided on the premises:
(a) Tenant will provide Electricity, water and sewer service, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) The Landlord shall provide heat to such extent and to such levels as, in the Landlord’s judgment, is reasonably required for the comfortable use and occupancy of the Premises.
(c) Tenant will provide landscaping and grounds keeping to the common areas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of this Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Xxxxxxx or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operationand shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and repairs all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. A major repair to a system is one which exceeds $10,000 If the HVAC unit(s) servicing the Premises also serve other leased premises in a twelve month period. In the event when a major mechanical Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or building system failure is too costly to be repairedafter 6:00 P.M. on Mondays through Fridays, if so deemed by the Landlordbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and if neither Landlord all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or Tenant is willing nonusage of other unit(s) serving the Premises, or able to remedy of the situationapplicable unit during other periods of the Term). As used herein, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by Xxxxxxxx’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.“
Appears in 1 contract
