UTILITIES AND SERVICE. A. Landlord agrees to provided water and sanitary sewer services to the common area restrooms of the Building, together with janitorial supplies and cleaning services to such restroom facilities. B. Landlord agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season, as well as electricity and janitorial services to the office areas of the Premises (all specifically excluded from the Electrical Room), on a 24-hour basis. Electricity to the Electrical Room shall be by separate submeter. C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord's control, shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant's obligations hereunder. Notwithstanding the foregoing, 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 result: (i) all or any portion of the Premises shall become untenantable (the "Untenantahle Premises") for the normal conduct of Tenant's business for a period of three (3) consecutive days, (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant's security personnel therein for the purposes of preservation of Tenant's property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) Tenant shall give notice to Landlord of the facts set forth in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant's business and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier). D. For the purposes of this Article 7, normal business hours shall be deemed to mean the period of time between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees that Tenant shall have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such access may be subject to the use of security cards and other rules and regulations which Landlord may adopt from time to time with respect to the Building, provided the same are reasonable and are equally applicable to all tenants of the Building. E. Tenant shall have the right to place telecommunications equipment of its customers within the Premises ("Co-Location") and such Co-Location shall not be 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 such time as it installs its own Tenant Generator (and during such time after Tenant has so installed its own Tenant Generator that it elects to continue to have available to it access to the Landlord's back-up emergency and UPS generator(s)) that it shall: i) pay to Landlord and additional $.50 per square foot of rentable area within the Premises, per annum, in monthly installments, as additional rent for each of Landlord's back-up emergency generator and its UPS generator (i.e. a total of $1.00 per square foot); and ii) pay to Landlord its proportionate costs of all maintenance of the Building's back-up emergency generator and UPS generator. Such proportionate use shall be based on electrical connected load hooked up to said generators as compared to electrical connected load of other tenants within the Building hooked up to said generators. 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.
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UTILITIES AND SERVICE. A. Landlord agrees to provided water furnish heating, ventilation, air-conditioning, water, electricity, elevator service and sanitary sewer janitorial service. In the event Tenant's requirements and/or usage of such utilities and services is substantially greater on a square footage basis than is customarily supplied to the common area restrooms of a typical tenant in the Building, together with janitorial supplies Landlord or Tenant may request that the difference in such requirement and/or usage be determined, at Tenant's cost, and cleaning services to such restroom facilitiesthat appropriate adjustments be made in the Minimum Rental provided for in Article 3 of this Lease Agreement.
B. Landlord agrees shall not be liable for any interruption or failure of utility services, communications or data services serving the Building or the Premises arising from any cause whatsoever. Notwithstanding the foregoing, Landlord and Tenant agree that if the failure or interruption of said utility services, communications or data services is a result of the action or inaction of Landlord, or otherwise within the control of Landlord, and if the ability to furnish heat during restore the usual heating season same is within Landlord's control, and air conditioning during the usual air conditioning seasoninterrupted or failed utility service, as well as electricity and janitorial services communication or data service is not restored within three (3) business days after notice from Tenant of the failure or interruption of such utility service, communication or data service, Base Rent shall xxxxx to the office areas extent the Premises are untenantable, which abatement shall commence from and after the third day after Landlord's receipt of Tenant's notice of the Premises (all specifically excluded from interruption or failure, and which abatement shall constitute Tenant's sole remedy for the Electrical Room), on a 24-hour basis. Electricity to the Electrical Room shall be by separate submeter.
C. No temporary interruption or failure of such services incidental to the making of repairsutility services, alterations data or improvements, or due to accidents or strike or conditions or events not under Landlord's control, communication services. Nothing in this Article 7.B. shall be deemed as an eviction to modify the obligations of the Tenant or relieve the Tenant from any of the Tenant's obligations hereunder. Notwithstanding the foregoing, if for any reason whatsoever, except due parties pursuant to force majeure or by any negligent act or omission or intentional misconduct of Tenant and as a result: (i) all or any portion of the Premises shall become untenantable (the "Untenantahle Premises") for the normal conduct of Tenant's business for a period of three (3) consecutive days, (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant's security personnel therein for the purposes of preservation of Tenant's property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) Tenant shall give notice to Landlord of the facts set forth in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant's business and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier)Article 16 hereof.
D. C. 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 5:00 p.m., Monday through Friday, and between 8:00 a.m. to 1:00 p.m. and 12:00 noon on Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees , it being understood and agreed that Tenant shall have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such at all times through a card key access may system with lost or stolen cards to be subject to the use of security cards and other rules and regulations which replaced by Landlord may adopt from time to time with respect to the Building, provided the same are reasonable and are equally applicable to all tenants of the Building.
E. Tenant shall have the right to place telecommunications equipment of its customers within the Premises ("Co-Location") and such Co-Location shall not be 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 such time as it installs its own Tenant Generator (and during such time after Tenant has so installed its own Tenant Generator that it elects to continue to have available to it access to the at Landlord's backthen-up emergency and UPS generator(s)) that it shall: i) pay to Landlord and additional $.50 per square foot of rentable area within the Premises, per annum, in monthly installments, as additional rent for each of Landlord's back-up emergency generator and its UPS generator (i.e. a total of $1.00 per square foot); and ii) pay to Landlord its proportionate costs of all maintenance of the Building's back-up emergency generator and UPS generator. Such proportionate use shall be based on electrical connected load hooked up to said generators as compared to electrical connected load of other tenants within the Building hooked up to said generatorsstandard rates therefor.
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.
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UTILITIES AND SERVICE. A. Landlord agrees to provided water furnish water, electricity, elevator service, and sanitary sewer janitorial service, the extent of such janitorial services shall be at a level as reasonably requested by Tenant. Landlord shall provide snow removal services to the common area restrooms parking areas of the Building, together with janitorial Building to the same ectent as it supplies and cleaning such services to such restroom facilitiesthe other building in the Metro Place Complex.
B. Landlord agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season, all during normal business hours as well defined in this Lease Agreement and at such temperatures as electricity and janitorial services Tenant shall reasonably request, subject to the office areas capacities of the Premises (all specifically excluded from existing HVAC system of the Electrical Room), on a 24-hour basis. Electricity to the Electrical Room shall be by separate submeterBuilding and any applicable laws and ordinances.
C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord's control, shall be deemed as an eviction of the Tenant or relieve relive the Tenant from any of the 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 result: (i) all or any portion of the Premises shall become untenantable (the "Untenantahle Premises") for the normal conduct of Tenant's business for a period of three (3) consecutive days, (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant's security personnel therein for the purposes of preservation of Tenant's property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) Tenant shall give notice to Landlord of the facts set forth in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant's business and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier).
D. For the purposes of this Article 7, normal business hours shall be deemed to mean the period of time between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees that which Tenant shall have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such access may be subject to the use of security cards and other rules and regulations which Landlord may adopt specifies from time to time to Landlord with respect to the Building, provided the same are reasonable and are equally applicable to all tenants of the Buildingseven (7) days written notice.
E. Tenant shall have If, for any reason, there is a failure, stoppage, interruption or reduction in the right furnishing of any facilities, utilities or services which Landlord is to place telecommunications equipment of its customers within provide to the Premises ("Co-Location") and such Co-Location shall not be deemed an assignment or sublease under to Tenant pursuant to the terms of this Lease Agreement regardless whether a written agreement exists between Tenant in excess 5 consecutive business days and its customers.
F. Tenant agrees prior to such time as it installs its own Tenant Generator (and during such time after Tenant has so installed its own Tenant Generator that it elects to continue to have available to it any stoppage, interruption or reduction renders any portion of the Premises untenantable, or impairs Tenant's access to the Landlord's back-up emergency Premises or any portion thereof or its right to use and UPS generator(soccupy the Premises in excess of 5 days (an "ABATEMENT EVENT")) , then, provided that it shall: i) pay Tenant shall not use or occupy that portion of the Premises for the normal conduct of its business during such period of untenantability, the Minimum Rental under Article 3 and Additional Rent under Article 6 payable with respect to Landlord such portions of the Premises shall be abated or reduced, as the case may be, in the proportion that the untenantable and additional $.50 per square foot of unoccupied rentable area within of the Premises bears to the total rentable area of the Premises on a day-by-day basis, for each day that Tenant shall not use or occupy the Premises, per annumor such portion thereof, in monthly installments, as additional rent for each the normal doncut of LandlordTenant's back-up emergency generator business during the period of untentability and its UPS generator (i.e. a total of $1.00 per square foot); and ii) pay to Landlord its proportionate costs of all maintenance terminating on the date that such portion of the BuildingPremises shall become tenantable again or Tenant commences to use or occupy the Premises or such portion thereof for the normal conduct of Tenant's back-up emergency generator and UPS generator. Such proportionate use shall be based on electrical connected load hooked up to said generators as compared to electrical connected load of other tenants within the Building hooked up to said generatorsbusiness.
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.
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UTILITIES AND SERVICE. A. Landlord agrees to provided water and sanitary sewer services to the common area restrooms of the BuildingProvided that Tenant is not in default hereunder, together with janitorial supplies and cleaning services to such restroom facilities.
B. Landlord agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season, as well as electricity and janitorial services to the office areas Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with the standards set forth in Exhibit B attached hereto and made a part hereof, the utilities and services described therein. Tenant shall pay directly to the billing entity for utilities separately to Tenant, and shall reimburse Landlord within ten (10) days of receipt of a statement for any utilities submetered to Tenant and billed to Landlord. 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 when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, or for any other causes beyond Landlord's reasonable control.
(a) Notwithstanding any contrary provisions in this Paragraph, if, after written notice to Landlord, normal building services required to be provided by Landlord pursuant to the Paragraph remain interrupted for more than five (5) consecutive business days or for more than fourteen (14) business days during any twelve (12) month period, and the interruption materially impairs Tenant's ability to conduct business, then, except to the extent the negligence, misconduct or default under this Lease by Tenant or Tenant's employees, agents, invitees or contractors causes the interruption, rent shall be ratably abated (bases upon the area of the Premises (all specifically excluded from which Tenant normally uses and which has been rendered unusable) as of the Electrical Room)date the interruption first occurs. The provisions of this preceding sentence shall not apply to casualty damages described in Paragraph 23 hereof, on it being understood that the rights and obligations of the parties in the event of a 24-hour basisfire or other casualty shall be governed by the provisions of Paragraph 23. Electricity Landlord shall furnish to the Electrical Room Premises utilities and services in addition to or in excess of those to be furnished in accordance with the standards set forth in Exhibit B only upon Tenant's prior written request (except as otherwise set forth herein) and at Tenant's sole cost and expense. Additional charges shall be made (by separate submeter.
C. No temporary interruption or failure way of illustration only and not limitation) for such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord's control, shall be deemed as an eviction (1) providing utilities in excess of the Tenant standard set forth in Exhibit B or relieve the Tenant from at any of the 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 result: (i) all or any portion of the Premises shall become untenantable (the "Untenantahle Premises") for the normal conduct of Tenant's business for a period of three (3) consecutive daystimes other than those set forth therein, (ii) Tenant shall vacate for removal of items from storage, (iii) for picture hanging or other assistance in furnishing, decorating or moving into or out of the Untenantable Premises Building Premises, and cease doing business therein (provided, however, that the continued presence iv) spot carpet cleaning or other special janitorial services required because of Tenant's security personnel therein for failure to keep and maintain the purposes of preservation of Tenant's property shall not constitute a failure by Tenant to vacate Premises in the Untenantable Premises) and (iii) Tenant shall give notice to Landlord manner required under this Lease or otherwise in excess of the facts set forth ordinary janitorial services to be provided in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant's business and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier).
D. For the purposes of this Article 7, normal business hours accordance with Exhibit B hereto. Nothing herein shall be deemed to mean limit or impair Landlord's right to make any repairs or to perform any cleaning or maintenance work without Tenant's request and to charge Tenant therefore, in the period of time between 8:00 a.m. manner (and 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees that Tenant shall have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such access may be subject to the use of security cards and extent) provided in Paragraph 16 or any other rules and regulations which Landlord may adopt from time to time with respect to the Building, provided the same are reasonable and are equally applicable to all tenants of the Building.
E. Tenant shall have the right to place telecommunications equipment of its customers within the Premises ("Co-Location") and such Co-Location shall not be deemed an assignment or sublease under the terms provision of this Lease Agreement regardless whether a written agreement exists between Tenant and its customersLease.
F. Tenant agrees prior to such time as it installs its own Tenant Generator (and during such time after Tenant has so installed its own Tenant Generator that it elects to continue to have available to it access to the Landlord's back-up emergency and UPS generator(s)) that it shall: i) pay to Landlord and additional $.50 per square foot of rentable area within the Premises, per annum, in monthly installments, as additional rent for each of Landlord's back-up emergency generator and its UPS generator (i.e. a total of $1.00 per square foot); and ii) pay to Landlord its proportionate costs of all maintenance of the Building's back-up emergency generator and UPS generator. Such proportionate use shall be based on electrical connected load hooked up to said generators as compared to electrical connected load of other tenants within the Building hooked up to said generators.
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.
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