Common use of UTILITIES AND SERVICE Clause in Contracts

UTILITIES AND SERVICE. Tenant shall be responsible for and 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 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.

Appears in 2 contracts

Samples: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)

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UTILITIES AND SERVICE. 7.1 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 billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent): (a) Electricity, water, gas and sewer service; (b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall 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 Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and (d) Janitorial and window washing service to the common areas. 7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises. 7.3 Tenant shall arrange for and shall pay promptlythe entire cost and expense of all telephone stations, directly to the appropriate supplierequipment and use charges, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance electric light bulbs and all other utilities, materials and services furnished directly not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 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 used by Tenant in, on machines using current in excess of 110 volts) which will in any way increase the amount of electricity or about water usually supplied at 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 4.2Premises. Tenant shall also pay to Landlord as an item of additional rentnot connect with electrical current, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be except through existing electrical outlets in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises Tenant requires water or electric current in the Building, “after hours” shall mean usage excess of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only that usually supplied at the Premises, “after hours” Tenant shall mean more than 66 hours first procure the written consent of usage during any week during Landlord for the Termuse thereof. “After hours” usage 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 determined based paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the operation rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the applicable HVAC unit during each 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 periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage utilities 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 services unless such failure was due to the applicable electricity charges paid 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 utility provider) extent due to the gross negligence or intentional misconduct of the following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC unitsLandlord, (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 in no event shall Landlord be liable for Tenant’s insurance shall be in effect during the Term, and Tenant shall also cause any subtenant to comply with the requirements. Landlord reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements's consequential damages.

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 and shall pay promptlyroutine operation, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and 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 repairs 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. If A major repair to a system is one which exceeds $10,000 in a twelve month period. In the HVAC unit(s) servicing event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on SaturdaysLandlord, and all day on Sundays 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 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to scheduling may push these requirementsrepairs 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 ($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 and shall pay promptlyroutine operation, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and 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 repairs 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. If A major repair to a system is one which exceeds $10,000 in a twelve month period. In the HVAC unit(s) servicing event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on SaturdaysLandlord, and all day on Sundays 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 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to scheduling may push these requirementsrepairs out several years.

Appears in 1 contract

Samples: Lease Agreement

UTILITIES AND SERVICE. Tenant shall be responsible for and 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 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 provided by Landlord that are not separately metered to the Premises and services(e.g. refuse pickup), and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 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 Tenants proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item Item of additional rent, within 10 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, except no “after hours” charges shall mean usage be applicable for any supplemental HVAC units servicing the lab and server room portions of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 After hours” shall mean more than 66 an average of 9.5 hours of usage during any week 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 of the foregoing periods monthly period 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 29After hours charges shall become effective only beginning on November 1, 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements2016.

Appears in 1 contract

Samples: Lease Agreement (eASIC Corp)

UTILITIES AND SERVICE. (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 (the cost of which shall be included within Operating Expenses): (i) Electricity, water, gas and sewer service. (ii) 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 be responsible for the ordering and shall pay promptly, directly to the appropriate supplier, all charges for electricity metered installation of telephone lines and equipment which pertain to the Premises). (iii) Heat and air conditioning to such extent and to such levels as, telephonein Landlord's sole judgment, telecommunications are reasonably required for the comfortable use and occupancy of the Premises, subject however to any limitations imposed by any government agency. The parties hereto agree and understand that such heat and air conditioning will be provided Monday through Friday from 8:00 am to 6:00 pm and 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 fact that such services may also benefit portions of the Building other than the Premises. (iv) Snow and trash removal service. (v) Landscaping and grounds keeping service. (b) Tenant shall arrange and pay for, janitorial serviceprior to delinquency, interior landscape maintenance 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 and all other utilities, materials and services furnished directly not expressly required to be provided and paid for by Landlord pursuant to the provisions hereof. (c) Tenant will not, without the prior written consent of Landlord, (i) use any apparatus or device on the Premises which will in any way or used by Tenant into any extent cause consumption of electricity or water greater than is customary for general office tenants or (ii) connect any apparatus or device with electrical current or water pipes, on for the purpose of using electricity 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 Landlordexcept through existing electrical outlets or water pipes, as an item of additional rentthe case may be, 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. If Without limiting the HVAC unit(s) servicing generality of the Premises also serve other leased premises in the Buildingforegoing, “after hours” Landlord shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, provide heating and 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 air conditioning based upon the operation of the applicable HVAC unit during following parameters within each of the foregoing periods on a “nonand every walled-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving off area in 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 such space will be occupied by not more than one (1) person for 1-5 ton HVAC units, each 150 square feet of useable area; (ii) $7.50 lighting in such space will generate not more than two (2) watts per hour for 6-30 ton HVAC units square foot of useablx xxxa; and (iii) $10.00 all other electricity consuming equipment in such space will generate not more than one (1) watt per hour 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 electricity in excess of that usually furnished or supplied for HVAC units 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 greater than 30 tonsLandlord for the use thereof, which consent Landlord may refuse in its sole discretion, and landlord may cause a water or electric meter, as the case may be, to be installed in the Premises in order to measure the amount of water and electricity consumed for any such use. July 29The cost of any such meters and of installation, 2013 1 The following requirements for Tenant’s insurance maintenance and repair thereof shall be in effect during the Term, paid promptly by Tenant and Tenant shall also cause agrees to pay Landlord promptly upon demand therefore for all such water and electricity consumed as shown by said meters at the rates charged for such services by the local public utility furnishing the same, as the case may be, plus any subtenant to comply with additional expenses incurred in keeping account of the requirements. water and electricity so consumed. (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 adopt 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, to effectuate any abatement or reduction of rent or to collect any damages by reason of Landlord's failure to provide or furnish any of the utilities or services set forth in hereof, if such failure was 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 nondiscriminatory modifications control of Landlord; provided, however, that if such delay or service interruption continues for a period in excess of thirty (30) consecutive days and additions 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 these requirementsthe unusable portion of the Premises. In no event shall Landlord 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 even if within the control of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Commercial Concepts Inc)

UTILITIES AND SERVICE. A. Commencing with the 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 pay promptly, directly allow the City any access to the appropriate supplierPremises 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 charges for electricity metered utilities. B. The City agrees to provide the heating, ventilating and air conditioning units ("HVAC") currently servicing the Premises, telephonewhich shall be maintained by the City, telecommunications servicethe 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 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, janitorial servicealterations or improvements, interior landscape maintenance and 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 pay for all other utilities, materials and services furnished directly it needs to Tenant or operate on the Premises including telephone and other telecommunications services used in or used by Tenant in, on or about charged against the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share term of the cost 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 water, gas, sewer, refuse pickup and any other all apparatus providing such utilities and services provided by the City to the Premises. The Tenant shall be responsible for all maintenance and repair of utilities and other services supplied or ordered solely by the Tenant. E. Prior to installing any equipment in the Premises that are not separately metered generates more than a minimum amount of heat, or places a substantial demand for electrical power on the Clubhouse electrical system, or a substantial demand for utility consumption or transmission of any kind on any system, the Tenant shall obtain the written permission of the City. 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 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 waste dumpster area for 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 4.2Clubhouse are free from pests. 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) responsible for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 costs associated with the requirements. Landlord reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirementspest control services.

Appears in 1 contract

Samples: Restaurant Lease Agreement

UTILITIES AND SERVICE. Tenant shall be responsible for and 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 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 '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 '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 '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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 mean$10.00 per hour 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements).

Appears in 1 contract

Samples: Lease Agreement (Lantronix Inc)

UTILITIES AND SERVICE. Tenant shall be responsible for A. Landlord agrees to provided water and shall pay promptly, directly sanitary sewer services to the appropriate supplier, all charges for electricity metered to common area restrooms of the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and 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 TermBuilding, together with any taxes thereon. janitorial supplies and cleaning services to such restroom facilities. B. Landlord shall make a reasonable determination of Tenant’s proportionate share agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season (provided Tenant does not remove and/or relocate the HVAC duct work serving the office areas of the cost Premises), as well as electricity and janitorial services to the office areas of waterthe Premises (all specifically excluded from the Electrical Room), gas, sewer, refuse pickup and any other utilities and services that are not separately metered on a 24-hour basis. Electricity to the Premises and servicesshall be by separate submeter. C. No temporary interruption or failure of such services incidental to the making of repairs, and Tenant alterations or improvements, or due to accidents or strike or conditions or events not under Landlord's control, shall pay such amount to Landlord, be deemed 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 eviction of the applicable HVAC unit during each Tenant or relieve the Tenant from any of the foregoing periods on Tenant's obligations hereunder. Notwithstanding the foregoing, if for any reason whatsoever, except due to force majeure or by any negligent act or omission or intentional misconduct of Tenant and as 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 unitsresult: (i) $5.00 per hour all or any portion of the Premises shall become untenantable (the "Untenantable Premises") for 1-5 ton HVAC unitsthe normal conduct of Tenant's business for a period of three (3) consecutive days, (ii) $7.50 per hour Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant's security personnel therein for 6-30 ton HVAC units the purposes of preservation of Tenant's property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) $10.00 per hour for HVAC units Tenant shall give notice to Landlord of greater than 30 tons. July 29the facts set forth in clauses (i) and (ii) above, 2013 1 The following requirements for Tenant’s insurance 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 effect during (i), (ii ) and (iii) above shall first be satisfied and ending on the Termdate 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 also cause any subtenant have access to comply 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 requirements. Landlord reserves Building, provided the same are reasonable and are equally applicable to all tenants of the Building. E. Tenant shall have the right to adopt reasonable nondiscriminatory modifications place telecommunications equipment of its customers within the Premises ("Co-Location") and additions such Co-Location shall not be deemed an assignment or sublease under the terms of this Lease Agreement regardless whether a written agreement exists between Tenant and its customers. F. Tenant agrees prior to these requirementssuch 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 continue to have available to it access to the Landlord's existing back-up emergency generator at no cost. Tenant shall pay to Landlord its proportionate costs of all maintenance repairs and 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 acknowledges that compliance with Northern States Power Company's load shedding program has resulted in lower electrical charges to Landlord and is expected to result in lower electrical charges to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

UTILITIES AND SERVICE. Landlord represents and warrants that the Premises are currently separately metered for all utilities. Tenant shall be responsible for and 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 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 9:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 5:00 P.M. on Saturdays, and all day before 9:00 A.M. or 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 66 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 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.

Appears in 1 contract

Samples: Lease (BioNano Genomics, Inc)

UTILITIES AND SERVICE. Tenant Landlord shall be responsible for and shall pay promptly, directly furnish to the appropriate supplierPremises --------------------- and to the building in which the Premises are located, all charges during reasonable hours of generally recognized business days, to be determined by Landlord, and subject to the rules and regulations of the Project, reasonable quantities of water and electricity suitable for electricity metered to the intended use of the Premises and the building in which the Premises are located, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, telephonerefuse 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, telecommunications service, janitorial service, interior landscape maintenance ventilating and air conditioning systems. The cost of all other utilities, materials utilities 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 servicesto 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 (13,813) 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 not, without the written consent of Landlord, which consent shall not be unreasonably withheld, use any apparatus or device in the Premises (including, without limitation, electronic data processing machines, punch card machines or machines using current in excess of 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 air conditioning usually furnished or supplied to Premises in the Project being used as general office space and other permitted uses as specified in paragraph 1 of this lease or connect with 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 shall require water or electric current in excess of that usually furnished or supplied to premises in the Project being used as general office space then Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld, and Tenant shall pay such amount to LandlordLandlord promptly on demand, as an item of additional rent, within 10 days after delivery the full cost of Landlord’s statement or invoice thereforsuch excess use. Alternatively, Landlord may elect cause an electric current or water meter to include such cost be installed in the definition Premises in order to measure the amount of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs electric current or water meter to be installed in the manner set forth Premises in Section 4.2order to measure the amount of electric current or water consumed for any such excess use. Tenant shall also pay to Landlord as an item The cost of additional rentany such meter and of the installation, 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdaysmaintenance and repair thereof, and all day on Sundays charges for such excess water and nationally-recognized holidayselectric current consumed (as shown by meters and at the rates then charged by the furnishing public utility) plus any additional expense incurred by Landlord in keeping account of electric current or water so consumed, subject shall be paid by Tenant, and Tenant agrees to reasonable adjustment of said hours pay Landlord therefor promptly upon demand by Landlord. If Whenever heat generating machines or equipment are used in the HVAC unit(s) serve only Premises by Tenant which affect the Premisestemperature otherwise maintained by the air conditioning system, “after hours” Landlord 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 reserves have the right to adopt reasonable nondiscriminatory modifications install supplementary air conditioning units in the Premises and additions the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to these requirementsLandlord upon demand by Landlord.

Appears in 1 contract

Samples: Sublease (Ebay Inc)

UTILITIES AND SERVICE. Tenant shall be responsible for A. Landlord agrees to provided water and shall pay promptly, directly sanitary sewer services to the appropriate supplier, all charges for electricity metered to common area restrooms of the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and 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 TermBuilding, together with any taxes thereon. janitorial supplies and cleaning services to such restroom facilities. B. Landlord shall make a reasonable determination of Tenant’s proportionate share agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season (provided Tenant does not remove and/or relocate the HVAC duct work serving the office areas of the cost Premises), as well as electricity and janitorial services to the office areas of waterthe Premises (all specifically excluded from the Electrical Room), gas, sewer, refuse pickup and any other utilities and services that are not separately metered on a 24-hour basis. Electricity to the Premises and servicesshall be by separate submeter. C. No temporary interruption or failure of such services incidental to the making of repairs, and Tenant alterations or improvements, or due to accidents or strike or conditions or events not under Landlord’s control, shall pay such amount to Landlord, be deemed as an item eviction of additional rent, within 10 days after delivery the Tenant or relieve the Tenant from any 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 obligations hereunder. Notwithstanding the foregoing, if for any reason whatsoever, except due to force majeure or by any negligent act or omission or intentional misconduct of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord and 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 unitsresult: (i) $5.00 per hour all or any portion of the Premises shall become untenantable (the “Untenantable Premises”) for 1-5 ton HVAC unitsthe normal conduct of Tenant’s business for a period of three (3) consecutive days, (ii) $7.50 per hour Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant’s security personnel therein for 6-30 ton HVAC units the purposes of preservation of Tenant’s property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) $10.00 per hour 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 HVAC units 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 greater than 30 tons. July 29, 2013 1 The following requirements for Tenant’s insurance 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 in effect during deemed to mean the Termperiod 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 also cause any subtenant have access to comply 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 requirements. Landlord reserves Building, provided the same are reasonable and are equally applicable to all tenants of the Building. E. Tenant shall have the right to adopt reasonable nondiscriminatory modifications place telecommunications equipment of its customers within the Premises (“Co-Location”) and additions such Co-Location shall not be deemed an assignment or sublease under the terms of this Lease Agreement regardless whether a written agreement exists between Tenant and its customers. F. Tenant agrees prior to these requirementssuch 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 continue to have available to it access to the Landlord’s existing back-up emergency generator at no cost. Tenant shall pay to Landlord its proportionate costs of all maintenance repairs and 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 acknowledges that compliance with Northern States Power Company’s load shedding program has resulted in lower electrical charges to Landlord and is expected to result in lower electrical charges to Tenant.

Appears in 1 contract

Samples: Standard Office Lease Agreement (Eschelon Telecom Inc)

UTILITIES AND SERVICE. Tenant 7.01 Lessor shall be responsible provide at Lessors sole expense separate electricity and gas meters for the Demised Premises. Lessee shall establish its own account with the utility company to provide electricity and gas service to the Demised Premises and shall pay promptly, all fees and charges for such service directly to the appropriate supplierutility company. 7.02 Lessee shall pay, all charges for electricity metered to as additional rent, Lessee's pro-rata share the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials cost of the following utilities and services furnished directly to Tenant or the Demised Premises, which pro-rata share shall be the proportion to which the Demised Premises or used bears to all other buildings which share the common areas. (a) 22.05% of all water, sewer, and Common Area maintenance charges for the Industrial Center as billed to Lessee by Tenant inLessor, on or about including but not limited to, landscape maintenance, lighting maintenance, utility charges, and parking lot sweeping. (b) Garbage collection charges attributable to the Premises during the TermDemised Premises, together with any taxes thereonas billed to Lessee by Lessor according to Lessee's actual usage thereof. Landlord The foregoing charges shall make be due and payable to Lessor within ten (10) days after receipt of a reasonable determination of Tenant’s proportionate share billing therefor by Lessee, which billing shall contain evidence of the cost 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 janitorial service for the Demised Premises. 7.04 Lessor shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rent provided herein be abated by reason of Lessor's failure to furnish or delay in furnishing any utilities or services when such failure 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, sewerwater or other utility, refuse pickup and or any other utilities and services that are not separately metered to cause, similar or dissimilar, beyond the Premises and services, and Tenant shall pay such amount to Landlord, as an item reasonable control of additional rent, within 10 days after delivery of Landlord’s statement or invoice thereforLessor. Alternatively, Landlord may elect to include such cost Notwithstanding the above 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 rentsaid delay or failure continues for a period longer than ten (10) days, within 10 days after delivery of Landlord’s statement rent axxxx until said delay 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirementsfailure is cured.

Appears in 1 contract

Samples: Lease Agreement (Southwall Technologies Inc /De/)

UTILITIES AND SERVICE. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premisesfor, telephone, telecommunications service, janitorial service, interior landscape maintenance and 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 '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 '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 '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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 $10.00 per hour 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements).

Appears in 1 contract

Samples: Lease (Patient Safety Technologies, Inc)

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UTILITIES AND SERVICE. Tenant shall be responsible for and 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 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 non-usage 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.

Appears in 1 contract

Samples: Lease (Lombard Medical, Inc.)

UTILITIES AND SERVICE. Tenant 14.1 Landlord shall be responsible for and shall pay promptly, directly furnish to the appropriate supplierPremises 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, all charges except legal holidays, the following services: (a) Air conditioning, heating and ventilation, subject to prudent energy conservation practices and the availability of energy resources; (b) Electric current for electricity metered to the Premisesnormal lighting purposes and operation of small business or medical machines such as typewriters, telephoneadding machines, telecommunications small copying machines, small copying machines and calculators; (c) Usual janitorial and maintenance service, janitorial serviceincluding vacuuming and sweeping of floors, interior landscape maintenance dusting, emptying of wastebaskets, and all other utilities, materials and services furnished directly to Tenant or replacement of fluorescent tubes in the standard lighting fixtures installed in the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonLandlord. Landlord shall make a reasonable determination also maintain and keep lighted the common entries and toilet rooms in the Building; (d) Elevator service; and (e) All water service to the Building, subject to the imposition of mandatory use or quantity limitations by applicable governmental agencies or authorities. 14.2 Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises other than those business machines referred to above, that will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space, or that will materially affect the temperature otherwise maintained by the air conditioning system. Landlord may cause an electric current or water meter to be installed in 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 operation and maintenance occasioned thereby to be paid by Tenant’s proportionate share . 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 reasonably determine the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and servicessuch additional power or additional utility or service, and Tenant shall pay such amount the cost thereof on a monthly basis to Landlord, as an item of additional rent, Landlord within 10 ten (10) days after delivery of Landlord’s statement or invoice thereforinvoice. AlternativelyTenant, Landlord may elect to include such at its cost in the definition of Project Costs in which event Tenant and expense, 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 provide telephone service to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 pay all charges for said telephone service. 14.4 Landlord shall in no event be liable for any subtenant to comply with interruption or failure of utility services on the requirements. Landlord reserves Premises, nor for any reduction of energy consumption within the right to adopt reasonable nondiscriminatory modifications and additions to these requirementsPremises as required by any mandatory or voluntary fuel or energy allocation or conservation statute, regulation, order or program, nor shall this lease be affected thereby.

Appears in 1 contract

Samples: Office Lease (Atlantic Central Enterprises LTD)

UTILITIES AND SERVICE. Tenant shall be responsible for and 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 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. P.M., on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 66 283 hours of usage during any week 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 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.

Appears in 1 contract

Samples: Lease (Axonics Modulation Technologies, Inc.)

UTILITIES AND SERVICE. Tenant shall be responsible for and 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 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 '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 30 days after delivery of Landlord’s '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 '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 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. If the HVAC unit(s) servicing the office portion of the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 office portion of 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.

Appears in 1 contract

Samples: Lease Agreement (BioPharmX Corp)

UTILITIES AND SERVICE. Tenant shall be responsible for and 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 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 '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 '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 '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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.

Appears in 1 contract

Samples: Lease Agreement (Aviat Networks, Inc.)

UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises the following utilities and services: (a) Electricity, water and sewer service; (b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall 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 Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and (d) 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 promptlythe entire cost and expense of all telephone stations, directly to the appropriate supplierequipment and use charges, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance electric light bulbs and all other utilities, materials and services furnished directly 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 used by Tenant in, on machines using current in excess of 110 volts) which will in any way increase the amount of electricity or about water usually supplied at 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 4.2Premises. Tenant shall also pay to Landlord as an item of additional rentnot connect with electrical current, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be except through existing electrical outlets in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises Tenant requires water or electric current in the Building, “after hours” shall mean usage excess of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only that usually supplied at the Premises, “after hours” Tenant shall mean more than 66 hours first procure the written consent of usage during any week during Landlord for the Termuse thereof. “After hours” usage 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 determined based paid by Tenant. Xxxxxx further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the operation rates charged for such services by the City of Langley or the local public utility, plus any additional expense incurred by Landlord in keeping account of the applicable HVAC unit during each 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 periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage utilities 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 services unless such failure was due to the applicable electricity charges paid 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 utility provider) extent due to the gross negligence or intentional misconduct of the following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC unitsLandlord, (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 in no event shall Landlord be liable for Tenant’s insurance shall be in effect during the Term, and Tenant shall also cause any subtenant to comply with the requirements. Landlord reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirementsconsequential damages.

Appears in 1 contract

Samples: Lease Agreement

UTILITIES AND SERVICE. 6.1 The Landlord agrees, at its cost and expense, subject to payment of pro rata escalations to be paid by Tenant shall be responsible for and shall pay promptlyas hereinafter provided in Article 26, directly to furnish to the appropriate supplier, all charges for electricity metered to Tenant the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and Building services furnished directly to Tenant or as hereinafter provided: (1) Landlord shall supply the Premises or used by Tenant in, on or about the Premises services as in this Lease provided during the Term, together with any taxes thereonwork week. 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 The work week is hereby defined to be that are not separately metered period from 8:00 A.M. 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. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before and 9:00 A.M. or after 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 for sanitary purposes, heating, air-conditioning, power, sewer, standby sprinkler service, elevator service (self-service), and all day 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 Sundays Schedule "D" hereinafter provided. Excepted from the foregoing is the cost of Tenant's electrical service for lighting and nationallyoffice 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-recognized holidayshigh-energy fixtures and equipment in the nature of electric typewriters, subject personal computers, normal office-type photocopying equipment or equipment of equivalent immaterial consumption of electric energy. Tenant shall pay to reasonable adjustment Landlord monthly its pro rata share of such electrical service for Tenant's electric, which said hours 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 LandlordLandlord to Tenant. If In the HVAC unit(s) serve only the Premisesevent there is any dispute as to Tenant's electric charge, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage 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 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 installation 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 operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (Building electric service. Tenant agrees 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 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 utility provider) 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 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 tonsannual cost attributable to such use. July 29, 2013 1 The following requirements for Tenant’s insurance Said sum shall be paid monthly by Tenant to Landlord upon establishment of the amount thereof in effect during the Termsame 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 also cause 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 cooperate with Landlord in metering Tenants use in accordance with any subtenant to comply 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 requirementsfirst twenty five (25) hours of overtime HVAC usage during each year of the lease term. 6.5 Landlord shall not be liable for full or partial interruption of any of the above services or utilities from conditions beyond Landlord's control, but Landlord shall use due diligence to restore the services and utilities. Landlord reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirementsThe rent shall not xxxxx, in whole or in part, during any such interruption.

Appears in 1 contract

Samples: Lease Agreement (Boron Lepore & Associates 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 and shall pay promptlyroutine operation, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and 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 repairs 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. If A major repair to a system is one which exceeds $10,000 in a twelve month period. In the HVAC unit(s) servicing event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on SaturdaysLandlord, and all day on Sundays 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 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 reserves the right to adopt reasonable nondiscriminatory modifications and additions to scheduling may push these requirementsrepairs out several years.

Appears in 1 contract

Samples: Lease Agreement

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