Common use of Utilities and Services Furnished by Landlord Clause in Contracts

Utilities and Services Furnished by Landlord. Subject to the conditions and in accordance with the standards set forth in this Section 8, Landlord agrees: a. Except as otherwise set forth herein, to operate, repair and maintain the Building, the Property and the Common Areas in a first-class manner and condition, consistent with the standards of comparable buildings, owned and operated by affiliates of Landlord (i.e., i.Xxxx Xxxxxx located in Yonkers, New York and i.Park 84 located in East Fishkill, New York) and/or located in Ulster County, New York, reasonable wear and tear excepted. Without limiting the generality of the foregoing, Landlord’s services shall include: cleaning of all Common Areas; building security; parking lots maintenance, including snow and ice removal and surface maintenance; HVAC and other Building system maintenance, including elevators, plumbing, electrical facilities, and access to telecommunication. b. Xxxxxx agrees Tenant shall reimburse Landlord for the cost of all water consumed at the Leased Premises as measured by a meter or submeter or other means to measure or calculate Tenant's water consumption, as determined in cooperation with Tenant. Tenant shall reimburse Landlord for sewer usage at the Leased Premises, which shall be measured according to Xxxxxx’s water consumption. c. To furnish electric service to the Leased Premises. Xxxxxx agrees Tenant shall reimburse Landlord for the cost of all electricity consumed at the Leased Premises as measured by a meter or submeter or other means to measure or calculate Tenant's electricity consumption. In no case shall electricity consumption for vehicle charging stations be the responsibility of the Tenant, and such electrical service shall not be included on Tenant’s submeter. d. To furnish natural gas service to the Leased Premises, only insofar as such service is necessary based on the Tenant’s or any subtenant’s usage thereof. Landlord agrees to use commercially reasonable efforts to cause all heating, cooling and domestic hot water equipment to utilize electricity and not fossil fuels. Xxxxxx agrees Tenant shall reimburse Landlord for the cost of all natural gas consumed at the Leased Premises as measured by a meter or submeter or other means to measure or calculate Tenant's natural gas consumption. e. Tenant shall pay for refuse removal for the Leased Premises. Landlord shall provide space and a location for a dumpster or other refuse removal receptacle. f. The Landlord shall be under no obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the use of any component necessary therefor shall be prohibited or rationed by any federal, state or municipal law, rule, regulation, requirement, order or direction. g. The Landlord shall have no obligation or responsibility with respect to the performance of any services or providing, supplying or furnishing to the Tenant of any utilities or services whatsoever except as expressly provided in this Lease.

Utilities and Services Furnished by Landlord. Subject Provided there exists no event of default by Tenant hereunder, and subject to the conditions and in accordance with the standards set forth in this Section 8, Landlord agrees: a. Except as otherwise set forth herein, to To operate, repair and maintain the Building, the Property and the Common Areas in a first-class manner and condition, consistent with the standards of comparable buildings, owned and operated by affiliates of Landlord (i.e., i.Xxxx Xxxxxx located in Yonkers, New York and i.Park 84 located in East Fishkill, New York) and/or located in Ulster County, New York, reasonable wear and tear excepted. Without limiting the generality of the foregoing, Landlord’s services shall include: cleaning of all Common Areas; building security; parking lots maintenance, including snow and ice removal and surface maintenance; HVAC and other Building system maintenance, including elevators, plumbing, electrical facilities, and access to telecommunication. b. Xxxxxx To furnish hot and cold water for normal lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees Tenant shall reimburse that Landlord for the may install, at Landlord’s sole cost of all water consumed at the Leased Premises as measured by and expense, a meter or submeter meters or other means to measure or calculate Tenant's water consumption, as determined in cooperation with Tenant. Tenant shall reimburse Landlord for sewer usage at the Leased Premises, which shall be measured according to Xxxxxx’s water consumption. c. To furnish electric service to the Leased Premisesprovide electricity at Tenant’s cost, which shall be additional rent payable hereunder. Xxxxxx agrees Tenant shall reimburse Landlord for the cost of all All electricity consumed usage at the Leased Premises shall be measured by sub-meter by an independent utility consultant selected by the Landlord for the purpose of establishing the cost and amount of Tenant’s electricity usage. All actual, reasonable and necessary costs associated with the usage and determination of Tenant’s electricity consumption within the Leased Premises including the reasonable fees of such independent utility consultant shall be paid by the Tenant to Landlord as additional rent on the first day of each month or within ten (10) days of receipt of a detailed statement from Landlord regarding the same. Absent manifest error in calculations, the findings of such utility consultant shall be conclusively binding upon Landlord and Tenant. Notwithstanding the foregoing in the event that, following the Lease Commencement Date, Landlord may, in its sole discretion, arrange to have Tenant’s electricity usage measured by a direct or a sub meter or submeter meters, then upon the installation and operation of such meters at Landlord’s sole cost and expense, Tenant shall pay all the costs of electricity associated with the Leased Premises directly to the utility company supplier or other means to measure or calculate Tenant's electricity consumption. In no case shall electricity consumption for vehicle charging stations be the responsibility of the Tenant, and such electrical service shall not be included on Tenant’s submeterotherwise as directed by Landlord. d. To furnish natural gas service provide heat and air conditioning. e. Subject to all applicable laws, rules and regulations, Landlord shall install Tenant’s name in any main lobby directory and any applicable 2nd floor directory or main entrance directory or exterior directory of all tenants in the Building in pro rata proportion with other tenants in the Building. f. If any federal, state, municipal or other governmental body, authority or agency, or any public utility, assesses, levies, imposes, makes or increases any charge, fee, rent or assessment on the Landlord, for any service, system or utility now or in the future supplied to or available at the Leased Premises or to the Tenant or arising from the occupancy or use by the Tenant of the Leased Premises, only insofar as such service is necessary based on or to the structures or buildings which, or a portion or portions of which, are included in the Leased Premises, (including but not limited to any sewer rent or other charge for the use of a sewer system or systems), the Tenant shall, at the option of the Landlord exercised at any time and from time to time by notice to the Tenant’s , pay, in accordance with such notice, such charge, fee, rent or any subtenant’s usage thereof. assessment or such increase thereof (or the portion thereof reasonably allocated by the Landlord agrees to use commercially reasonable efforts to cause all heating, cooling and domestic hot water equipment to utilize electricity and not fossil fuels. Xxxxxx agrees Tenant shall reimburse Landlord for the cost of all natural gas consumed at the Leased Premises or to the operations of the Tenant under this Agreement (Landlord’s allocation shall be binding absent demonstrable error)) either directly to the governmental body, authority or agency, or to the public utility, or directly to the Landlord, as measured such notice may direct. All payment to be made by a meter or submeter or other means to measure or calculate Tenant's natural gas consumptionthe Tenant hereunder shall constitute items of additional rent. e. Tenant shall pay for refuse removal for the Leased Premises. Landlord shall provide space and a location for a dumpster or other refuse removal receptacle. f. g. The Landlord shall be under no obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the use of any component necessary therefor shall be prohibited or rationed by any federal, state or municipal law, rule, regulation, requirement, order or directiondirection and if the Landlord deems it in the public interest to comply therewith, even though such law, rule, regulation, requirement, order or direction may not be mandatory on the Landlord as a public agency. g. h. The Landlord shall have no obligation or responsibility with respect to the performance of any services or providing, supplying or furnishing to the Tenant of any utilities or services whatsoever except as expressly provided in this Lease.

Utilities and Services Furnished by Landlord. Subject Provided there exists no event of default by Tenant hereunder, and subject to the conditions and in accordance with the standards set forth in this Section 8, Landlord agrees: a. Except as otherwise set forth herein, to To operate, repair and maintain the Building, the Property and the Common Areas in a first-class manner and condition, consistent with the standards of comparable buildings, owned and operated by affiliates of Landlord (i.e., i.Xxxx Xxxxxx located in Yonkers, New York and i.Park 84 located in East Fishkill, New York) and/or located in Ulster County, New York, reasonable wear and tear excepted. Without limiting the generality of the foregoing, Landlord’s services shall include: cleaning of all Common Areas; building security; parking lots maintenance, including snow and ice removal and surface maintenance; HVAC and other Building system maintenance, including elevators, plumbing, electrical facilities, and access to telecommunication. b. Xxxxxx To furnish hot and cold water for normal lavatory, laboratory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees that Landlord may install, at Tenant’s expense, a meter or meters or other means to measure Tenant’s water consumption and that Tenant shall reimburse Landlord for the cost of all water consumed as measured by said meter or meters or as otherwise measured. c. To provide electricity. Electricity usage charges will be paid for by Tenant. All electricity usage at the Leased Premises shall be measured by sub-meter or if not available by an independent utility consultant selected by the Landlord for the purpose of establishing the cost and amount of Tenant’s electricity usage. All costs associated with the usage and determination of Tenant’s electricity consumption including the fees of such independent utility consultant shall be paid by the Tenant to Landlord as additional rent on the first day of each month or within ten (10) days of receipt of a statement from Landlord regarding the same. The findings of such utility consultant shall be conclusively binding upon Landlord and Tenant. Notwithstanding the foregoing in the event that, following the Lease Commencement Date, Landlord shall, in its sole discretion, arrange to have Tenant’s electricity usage measured by a direct meter or submeter or other means to measure or calculate Tenant's water consumptionmeters, as determined in cooperation with Tenant. then upon the installation and operation of such meters, Tenant shall reimburse Landlord for sewer usage at pay all the costs of electricity associated with the Leased Premises, which shall be measured according Premises directly to Xxxxxx’s water consumptionthe utility company supplier. c. d. To provide steam heat as follows: Landlord or, if applicable, a utility company will furnish electric service steam when the outside temperature falls below 55 degrees Fahrenheit during Regular Business Hours on business days during the period from October 1 to May 1. Landlord or, if applicable, a utility company will also furnish steam during the period October 1 to May 1 at other than the times and days specified in the preceding sentence when the outside temperature falls below 32 degrees Fahrenheit. i) It is understood that the Tenant from time to time may request from the Landlord the amount that the Landlord would charge the Tenant for furnishing steam for heating purposes to the Leased Premises on non-business days or on business days other than during Regular Business Hours. The Landlord thereafter will so advise the Tenant of the amount it would charge for steam during said time periods, such amounts to be based upon the Landlord’s costs for furnishing steam to the Leased Premises. Xxxxxx agrees The Tenant shall reimburse will not be obligated to accept, and the Landlord for will not be obligated to provide steam during the time periods referred to in this Section unless the Tenant and the Landlord agree in writing to all the terms and conditions upon which such steam is to be provided, including the cost of all electricity consumed at thereof. e. If any federal, state, municipal or other governmental body, authority or agency, or any public utility, assesses, levies, imposes, makes or increases any charge, fee, rent or assessment on the Landlord, for any service, system or utility now or in the future supplied to the Leased Premises as measured by or to any tenant, lessee, occupancy or user thereof, or to the structures or buildings which, or a meter portion or submeter or other means to measure or calculate Tenant's electricity consumption. In no case shall electricity consumption for vehicle charging stations be the responsibility portions of the Tenantwhich, and such electrical service shall not be are included on Tenant’s submeter. d. To furnish natural gas service to in the Leased Premises, only insofar as such service is necessary based on (including but not limited to any sewer rent or other charge for the use of a sewer system or systems), the Tenant shall, at the option of the Landlord exercised at any time and from time to time by notice to the Tenant’s , pay, in accordance with such notice, such charge, fee, rent or any subtenant’s usage thereof. assessment or such increase thereof (or the portion thereof allocated by the Landlord agrees to use commercially reasonable efforts to cause all heating, cooling and domestic hot water equipment to utilize electricity and not fossil fuels. Xxxxxx agrees Tenant shall reimburse Landlord for the cost of all natural gas consumed at the Leased Premises or to the operations of the Tenant under this Agreement) either directly to the governmental body, authority or agency, or to the public utility, or directly to the Landlord, as measured such notice may direct. All payment to be made by a meter or submeter or other means to measure or calculate Tenant's natural gas consumption. e. the Tenant hereunder shall pay for refuse removal for the Leased Premises. Landlord shall provide space and a location for a dumpster or other refuse removal receptacleconstitute items of additional rent. f. The Landlord shall be under no obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the use of any component necessary therefor shall be prohibited or rationed by any federal, state or municipal law, rule, regulation, requirement, order or direction. g. The Landlord shall have no obligation or responsibility with respect to the performance of any services or providing, supplying or furnishing to the Tenant of any utilities or services whatsoever except as expressly provided in this Lease. h. Landlord shall not be responsible for the cleaning of Tenant’s premises. i. Landlord represents that any heating, air conditioning and ventilation system, plumbing, mechanical and/or other systems shall be in working order on the Lease Commencement Date.

Utilities and Services Furnished by Landlord. Subject Provided there exists no event of default by Tenant hereunder, and subject to the conditions and in accordance with the standards set forth in this Section 8, Landlord agrees: a. Except as otherwise set forth herein, to To operate, repair and maintain the Building, the Property and the Common Areas in a first-class manner and condition, consistent with the standards of comparable buildings, owned and operated by affiliates of Landlord (i.e., i.Xxxx Xxxxxx located in Yonkers, New York and i.Park 84 located in East Fishkill, New York) and/or located in Ulster County, New York, reasonable wear and tear excepted. Without limiting the generality of the foregoing, Landlord’s services shall include: cleaning of all Common Areas; building security; parking lots maintenance, including snow and ice removal and surface maintenance; HVAC and other Building system maintenance, including elevators, plumbing, electrical facilities, and access to telecommunication. b. Xxxxxx To furnish hot and cold water for normal lavatory, laboratory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees that Landlord may install, at Tenant’s expense, a meter or meters or other means to measure Tenant’s water consumption and that Tenant shall reimburse Landlord for the cost of all water consumed as measured by said meter or meters or as otherwise measured. c. To provide electricity, Electricity usage charges will be paid for by Tenant. All electricity usage at the Leased Premises shall be measured by sub-meter or if not available by an independent utility consultant selected by the Landlord for the purpose of establishing the cost and amount of Tenant’s electricity usage. All costs associated with the usage and determination of Tenant’s electricity consumption including the fees of such independent utility consultant shall be paid by the Tenant to Landlord as additional rent on the first day of each month or within ten (10) days of receipt of a statement from Landlord regarding the same. The findings of such utility consultant shall be conclusively binding upon Landlord and Tenant. Notwithstanding the foregoing in the event that, following the Lease Commencement Date, Landlord shall, in its sole discretion, arrange to have Tenant’s electricity usage measured by a direct meter or submeter or other means to measure or calculate Tenant's water consumptionmeters, as determined in cooperation with Tenant. then upon the installation and operation of such meters, Tenant shall reimburse Landlord for sewer usage at pay all the costs of electricity associated with the Leased Premises, which shall be measured according Premises directly to Xxxxxx’s water consumptionthe utility company supplier. c. d. To provide steam heat as follows: Landlord or, if applicable, a utility company will furnish electric service steam when the outside temperature falls below 55 degrees Fahrenheit during Regular Business Hours on business days during the period from October 1 to May 1. Landlord or, if applicable, a utility company will also furnish steam during the period October 1 to May 1 at other than the times and days specified in the preceding sentence when the outside temperature falls below 32 degrees Fahrenheit. i. It is understood that the Tenant from time to time may request from the Landlord the amount that the Landlord would charge the Tenant for furnishing steam for heating purposes to the Leased Premises on non-business days or on business days other than during Regular Business Hours. The Landlord thereafter will so advise the Tenant of the amount it would charge for steam during said time periods, such amounts to be based upon the Landlord’s costs for furnishing steam to the Leased Premises. Xxxxxx agrees The Tenant shall reimburse will not be obligated to accept, and the Landlord for will not be obligated to provide steam during the time periods referred to in this Section unless the Tenant and the Landlord agree in writing to all the terms and conditions upon which such steam is to be provided, including the cost of all electricity consumed at thereof. e. If any federal, state, municipal or other governmental body, authority or agency, or any public utility, assesses, levies, imposes, makes or increases any charge, fee, rent or assessment on the Landlord, for any service, system or utility now or in the future supplied to the Leased Premises as measured by or to any tenant, lessee, occupancy or user thereof, or to the structures or buildings which, or a meter portion or submeter or other means to measure or calculate Tenant's electricity consumption. In no case shall electricity consumption for vehicle charging stations be the responsibility portions of the Tenantwhich, and such electrical service shall not be are included on Tenant’s submeter. d. To furnish natural gas service to in the Leased Premises, only insofar as such service is necessary based on (including but not limited to any sewer rent or other charge for the use of a sewer system or systems), the Tenant shall, at the option of the Landlord exercised at any time and from time to time by notice to the Tenant’s , pay, in accordance with such notice, such charge, fee, rent or any subtenant’s usage thereof. assessment or such increase thereof (or the portion thereof allocated by the Landlord agrees to use commercially reasonable efforts to cause all heating, cooling and domestic hot water equipment to utilize electricity and not fossil fuels. Xxxxxx agrees Tenant shall reimburse Landlord for the cost of all natural gas consumed at the Leased Premises or to the operations of the Tenant under this Agreement) either directly to the governmental body, authority or agency, or to the public utility, or directly to the Landlord, as measured such notice may direct. All payment to be made by a meter or submeter or other means to measure or calculate Tenant's natural gas consumption. e. the Tenant hereunder shall pay for refuse removal for the Leased Premises. Landlord shall provide space and a location for a dumpster or other refuse removal receptacleconstitute items of additional rent. f. The Landlord shall be under no obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the use of any component necessary therefor shall be prohibited or rationed by any federal, state or municipal law, rule, regulation, requirement, order or direction. g. The Landlord shall have no obligation or responsibility with respect to the performance of any services or providing, supplying or furnishing to the Tenant of any utilities or services whatsoever except as expressly provided in this Lease. h. Landlord shall not be responsible for the cleaning of Tenant’s premises. i. Landlord represents that any heating, air conditioning and ventilation system, plumbing, mechanical and/or other systems shall be in working order on the Lease Commencement Date.