Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity. (b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws. (d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. (e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction. (f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof. (g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures. (h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 2 contracts
Samples: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)
Utilities and Services. (a) Subject 16.1 From and after the date upon which Landlord delivers possession of the Premises to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services Tenant for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share purpose of Expenses in accordance with Paragraph 4(b) abovecommencing the Tenant Improvements, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in water (including the Premises at the rates charged for such services cost to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider service, repair and to provide electricity (or supplemental electricity) from alternative energy sourcesreplace reverse osmosis, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, de-ionized and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s businesstreated water), costgas, injury or damage to property caused by or resulting from any variationheat, interruptionlight, or failure of Utilities due to any cause whatsoeverpower, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairstelephone, alterationsinternet service, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenantcable television, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision shall pay Landlord for Tenant’s Adjusted Share of such data utilities to reflect such excess. In the event that the Building or Project is required by Law to be disclosed or less than fully occupied during a calendar year, Tenant acknowledges that Landlord otherwise reasonably requests such information in connection with may extrapolate utility usage that varies depending on the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant occupancy of the making Building or Project (as applicable) to equal Landlord’s reasonable estimate of Required Energy Disclosureswhat such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises prior to the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements.
16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent disclosure not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to Tenant the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by applicable third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such disclosure may failure, Tenant shall not be satisfied by making Required Energy Disclosures available for review by entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant in be relieved from the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making operation of any Required Energy Disclosurescovenant or agreement of this Lease. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 2 contracts
Utilities and Services. (a) Subject Tenant shall timely pay when due directly to the applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with electric utility company and service providers provider all charges for electricity, telephone, internet and other communication services and shall have such services in its name; provided, however, to furnish the extent that electricity is submetered or check metered to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay the costs of electricity directly to Landlord as Additional Rent and within thirty (30) days after billing without Landlord xxxx-up. Landlord shall have no obligation to provide utilities other than the utilities within the Premises as of being billed thereforthe Term Commencement Date and which are listed on Exhibit D attached hereto (the “Term Commencement Date Utilities”). In the event Tenant requires additional utilities in addition to the Term Commencement Date Utilities, for all costs the installation and maintenance thereof shall be Tenant’s sole cost and obligation, provided that such installation shall be subject to the written consent of electrical current consumed Landlord which shall not be unreasonably withheld, delayed or conditioned. Tenant shall have the right to install supplemental air conditioning units in the Premises at and, in such case, Tenant agrees to install a separate electric meter for the rates charged operation of such supplemental air conditioning units and pay for such services directly to the Building by the municipality or the local public utilityutility provider. Tenant’s consumption of electricity Landlord represents that Tenant shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for be paying utilities on those portions of the Premises only from and through Landlord, in the manner and that it has not yet taken possession of pursuant to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right terms hereof (and hereby waives any right Tenant may otherwise have) Landlord agrees (i) to contract with or otherwise obtain any electric service for or with respect to maintain such portions of the Premises or in a manner which does not adversely impact Tenant’s operations therein from any provider use or enjoyment of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the its Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Buildingthen being occupied, and (ii) reasonable access not to use such space prior to Tenant taking possession thereof for any purpose without the purpose prior written consent of maintainingTenant excluding the existing or contemplated tenant for approximately 10,000 square feet on the first floor). Tenant’s normal business hours are 6:00 a.m. to 7:00 p.m., repairing, replacing or upgrading Monday through Friday and 9:00 a.m. through 1:00 p.m. on Saturdays (referred to herein as “Normal Business Hours”). In the event Tenant shall require Building services other than during such electrical service from time Normal Business Hours which results in additional cost and expense to time. To the extent required to comply with LawLandlord, Tenant shall provide be responsible to reimburse Landlord for such information additional cost and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by expense reasonably incurred without Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Buildingxxxx-up. In Tenant agrees that in no event shall Landlord be liable or responsible for any loss, damage, expense interruption or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided delay in relation to utilities serving the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variationunavoidable accident, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterationsalterations or improvements in the Building, improvementslabor difficulties, trouble in obtaining fuel, electricity or due to accidentservices or supplies, strike, governmental restraints or conditions the actions or other events shall be deemed an eviction inactions of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises those acting by, through or under Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause incauses beyond Landlord’s reasonable control (but in respect of those matters for which Landlord is expressly responsible under this Lease, aboveLandlord will use reasonable efforts under the circumstances to restore such services or make such repairs) and, upon or about in respect of those matters for which the PremisesLandlord is responsible, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Base Rent shall xxxxx for each day that Tenant, other than normal fractional horsepower office equipment, or occupancy ’s use of the Premises that exceeds the Maximum Densityis materially curtailed thereby. In addition, See Section 23 below for provisions relating to defaults by Landlord shall have no liability and Section 42 below for the failure provisions relating to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereofself help rights.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 2 contracts
Samples: Lease Agreement (NxStage Medical, Inc.), Lease Agreement (NxStage Medical, Inc.)
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx Landlord shall furnish or make customary arrangements with utility and service providers to furnish distribute to the PremisesPremises air conditioning and heat with a system designed in accordance with Exhibit “G” hereto, as follows: Mondays through Fridays from 8:00 A.M. to 6:00 P.M. for the first (11st) electricity for lighting and operation floor portion of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if anyMondays through Fridays from 8:00 A.M. to 8:00 P.M. for the second (2nd) floor portion of the Premises, and Saturdays from 8:00 A.M. to 12:00 P.M. (except the days observed by the Federal or State governments as legal holidays). If Tenant shall require air conditioning or heat at any other time (“after-hours”), Landlord shall furnish after-hours air conditioning and heat upon twenty-four (24) hours advance notice from Tenant, and Tenant shall pay Landlord’s reasonable costs (direct and related) therefor on Landlord’s demand. The current charge for after-hours heat is $70.00 per hour and for after-hours air conditioning is $100.00 per hour, which charges are subject to revision.
(b) Landlord shall supply reasonably adequate quantities of water to the Building restrooms, in volumes provided to typical office tenants in the Building; Premises for ordinary lavatory and drinking purposes.
(3c) elevator service; and (4) janitorial services for Landlord shall cause the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses be cleaned in accordance with Paragraph 4(bthe cleaning specifications set forth on Exhibit “H” hereto; provided that to the extent any area is used for a computer room, data processing or similar equipment (other than normal office computers) aboveand requires additional cleaning, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates premium charged for such services to the Building same by the municipality or the local public utility. TenantLandlord’s consumption of electricity shall not exceed the Building’s capacitycleaning contractor.
(bd) In no event shall Landlord reserves the right to change the electricity provider and be required to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service security services to the Premises. Tenant shall cooperate with supply such security services to the Premises as Tenant requires and at Tenant’s sole cost and expense, subject to Landlord’s prior approval, of plans, which approval shall not be unreasonably withheld, conditioned or delayed, provided that Landlord’s consent shall not be required to the extent the work is nonstructural, as defined in Article 9(b) hereof. As of the Commencement Date, Landlord shall provide card keys to Tenant for its employees at Landlord’s sole cost and expense. In the Electric Service Provider at all times to facilitate event Tenant requires additional or replacement card keys during the delivery of electrical service Term, same shall be provided by Landlord to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Projectexpense.
(e) Landlord makes no representation with respect to the adequacy or fitness does not warrant that any of the air conditioning services referred to above, or ventilation equipment in the Building to maintain temperatures any other services which Landlord may supply, will be free from interruption, Tenant acknowledging that any or more such services may be required forsuspended by reason of causes beyond the reasonable control of Landlord, including accident or repairs, alterations or improvements necessary to be made for the health and safety of tenants, or because of, any equipment of Tenant, other than normal fractional horsepower office equipmentby strikes or lockouts, or occupancy by operation of law. Any such interruption or discontinuance of service beyond the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement reasonable control of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption ofdeemed an eviction or disturbance of Tenants use and possession of the Premises, or any part thereof, or render Landlord liable to Tenant for damages by abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, ; provided that such disclosure is reasonably necessary to comply with Laws applicable to the Building interruption or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant discontinuance does not arise out of or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practicesnegligence or willful misconduct of Landlord or its agents, the Green Building Standards contractors or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosuresemployees.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 2 contracts
Samples: Lease (Surgiquest Inc), Lease (Surgiquest Inc)
Utilities and Services. (a) Subject to applicable Laws Tenant shall obtain in its own name and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish pay directly to the appropriate supplier the cost of all utilities and services serving the Leased Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises. However, if anyany services or utilities are jointly metered with other property, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Landlord shall make a reasonable determination of Tenant’s payment for Tenant’s Share proportionate share of Expenses in accordance with Paragraph 4(bthe cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) above, and Tenant shall pay such share to Landlord as Additional Rent and within thirty (30) days after receipt of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premiseswritten statement. Landlord shall not be liable in damages or otherwise for any damages resulting from failure or interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of its obligations under this Leaseutility “deregulation”, Landlord shall choose the service provider. Tenant shall label all telephonehave the exclusive control over the heating, computerventilating and air-conditioning (“HVAC”) system serving the Leased Premises on a 24 hour a day/7 day a week basis. Notwithstanding the foregoing, if (a) such interruption of service is caused by the negligence or other data cabling at willful misconduct of Landlord or its employees and (b) such interruption of service renders the time Leased Premises or any portion of installationthe Leased Premises untenantable for a period of five (5) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, rent shall xxxxx with respect to the area which is affected for each such consecutive day after said five (5) business day period that such area of the Leased Premises is so rendered until such service is restored. The rent abatement shall equal the Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be responsible, at entitled to use the Leased Premises or portion thereof affected to conduct its normal business operations during any day for which Landlord is obligated to xxxxx rent hereunder. The abatement herein provided shall be Tenant’s expense, sole and exclusive remedy for any and all interruption of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipmentservice. Landlord makes no representation agrees to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant use its reasonable efforts to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all restore such cabling, wiring and equipment and restore the Premises and the Building to the same condition utility service as before installation thereofsoon as possible.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Industrial Lease Agreement (Primerica, Inc.)
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx Sublessee shall furnish or make customary arrangements with utility and service providers to furnish pay for electricity provided to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, Sublet Premises and to mechanical equipment serving the Building restrooms, Sublet Premises based on usage shown on sub-meter(s) that measure such usage. Sublessor shall invoice Sublessee for its use of electricity on a monthly basis showing in volumes provided reasonable detail the computation of charges for the prior month for electricity together with copies of applicable bills received by Sublessor from the utility providing electricity and Sublessee shall pay Sublessor or its designee for Sublessee’s use of electricity at rates no greater than the rates that Sublessee would have paid if metered directly to typical office tenants in the utility providing electricity to the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at Notwithstanding any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and provision of this Sublease to the extent expressly provided in this Leasecontrary, at all times during the Term of this Lease, cleaning and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical janitorial service to the Premises. Tenant Sublet Premises shall cooperate be provided by Landlord at Landlord’s expense subject to and in accordance with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and Cleaning Specifications attached to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises Prime Lease as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this LeaseExhibit J thereto.
(c) Tenant Sublessor agrees to provide at Sublessor’s expense (except for reimbursement of charges for issuance of access cards and except to the extent that such charges are payable by Sublessee pursuant to Section 4 of this Sublease) the security equipment and related services specified in Exhibit D hereto. Sublessee hereby acknowledges that the Premises, the Building such equipment is operated and/or the Project may become subject monitored by a recognized third party service provider and that Sublessor’s sole responsibility shall be to continue to engage a recognized third party service provider to operate and/or monitor such equipment. Subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Lawforegoing, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord Sublessor shall not be liable responsible for any loss (including, but providing security and shall not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability responsible for the failure to provide adequate heatingof any security equipment and/or monitoring service. Sublessee hereby assumes all responsibility for the protection of Sublessee, ventilation or air conditioning due to the arrangement its employees, agents, invitees and property from acts of partitioning in the Premises or changes thereto, or third parties. Sublessee shall give Sublessor prompt written notice of the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies any security equipment or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision monitoring service provided hereunder upon Sublessee obtaining actual knowledge of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosuresfailure.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease (Iomega Corp)
Utilities and Services. (a) Subject During the term of this lease, and so long as no event of default shall have occurred and be continuing hereunder, the Landlord, shall provide hot and cold running water for drinking purposes, electricity for normal office use, toilet and automatically operated elevator facilities to applicable Laws the Demised Premises on a round-the-clock basis. The Landlord shall also provide heat, air-conditioning and ventilation in the Demised Premises and the provisions lobbies of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, during "regular hours" of each "business day" (which as used in volumes provided this lease means 7:00 a.m. to typical office tenants in 7:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. on Saturday) sufficient to maintain the Building; (3) elevator service; and (4) janitorial services for the Demised Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordwith proper ventilation at a comfortable temperature level. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, The HVAC system can be activated after hours via an override switch. The Tenant shall pay to the Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged on a monthly basis $30.00 per hour for such services overtime use. Landlord and Tenant agree to work cooperatively with one another to arrange and provide for extra hours of HVAC for the Building Demised Premises when Tenant requires such extra hours. Landlord agrees to use its best efforts to provide for such additional HVAC when Tenant requests. Tenant recognizes that where possible, it shall notify Landlord of its need for additional HVAC by 3:00 p.m. of the municipality day for which it is requested and by 3:00 p.m. on the day before the weekend or holiday if requested for any part of the local public utilityweekend or holiday. Tenant’s consumption Tenant agrees to provide Landlord with as much prior notice as possible to avoid those situations where Landlord may not be available or reachable at 3:00 p.m. of electricity shall not exceed the Building’s capacitya given day.
(b) In the event that the Tenant shall install in the Demised Premises computer or other equipment which in the Landlord's judgment consumes more electricity than is generally used for normal office use, or in the event that the Tenant regularly shall use the Demised Premises for a "second shift" or otherwise during other than regular hours of the business day, then the Landlord reserves may cause a survey to be made, at the right Tenant's expense, by a qualified independent electrical consultant to change determine the amount of electricity consumed in the Demised Premises, and the Tenant shall pay to the Landlord on a monthly basis the amount by which the cost of the electricity provider and to provide consumed in the Demised Premises exceeds the cost of the electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in used for normal office use as reasonably estimated by the Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). The Tenant shall obtain reimburse the Landlord on demand for all costs and accept electric service for the Premises only from and through Landlord, expenses incurred in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract connection with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Leasesurvey.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) The Landlord shall not be liable for failure to furnish any loss of the services specified in Section 17 (includinga) if such failure is due to the breakdown of the heating, but not limited to, any injury ventilating or damage to air-conditioning plant or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruptionthe elevators, or failure any other service facility of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for event the failure to provide adequate heating, ventilation or air conditioning furnish such services shall be due to strikes or any other cause beyond the arrangement of partitioning Landlord's control. Anything in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant Lease to the contrary at least ninety (90) days prior notwithstanding, if the stoppage of services which Landlord is obligated to provide for Tenant causes any portion of the expiration of this Lease or within Demised Premises to become unusable by Tenant for more than ten (10) after the earlier expiration consecutive days, then and in that event Tenant shall be entitled to a pro rata abatement of this Lease, prior rent as to the expiration such unusable portion of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore Demised Premises commencing with the Premises and the Building to fourth (4th) day that the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirementsare unusable, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that Tenant shall not be entitled to any abatement of rent due to unusability (i) caused by any act or omission of Tenant or any of Tenant's servants, employees, agents, visitors, or licensees, or (ii) where Tenant requests Landlord to make a decoration, alteration, improvement, or addition, or (iii) where the extent disclosure to repair in question or the services in question are those which Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in obligated to make or furnish under any of the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to provisions of the making of any Required Energy Disclosureslease.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Open Solutions Inc), Lease Agreement (Open Solutions Inc)
Utilities and Services. (a) Subject Landlord agrees to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers cause to furnish be furnished to the Premises, the utilities and services described below, subject to the conditions and in accordance with the standards set forth below: .
(1i) electricity Landlord shall provide automatic elevator facilities from 7 a.m. to 6 p.m., Monday through Friday, except for lighting holidays observed by Building management ("Normal Building Hours"). At least one elevator will be available for use at all times other than Normal Building Hours (so Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, including holidays), subject to such Building security systems and operation procedures as may be in effect from time to time.
(ii) During Normal Building Hours, and during such weekend hours (presently 8:00 a.m. to 1:00 p.m. on Saturdays) as Landlord at its option elects to make such services available at no charge to the tenants of low-power usage office machines; (2) cold or tepid water to points the Building, Landlord shall ventilate the Premises and furnish heat and air conditioning when in the judgment of supply in the Landlord it is required for the comfortable occupancy of the Premises, if anysubject to any governmental requirements or standards relating to, among other things, energy conservation. Upon request, Landlord shall make available at Tenant's expense after hours heat or air conditioning. The minimum use of after hours heat or air conditioning and the cost thereof shall be determined by Landlord and confirmed in writing to Tenant as the Building restroomssame may change from time to time. The current charge for after hours HVAC service is $15.00 per hour, in volumes provided which charge is subject to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordchange from time to time. In addition to any and all other rights and remedies which Landlord may have for a violation or breach of this Lease, Landlord may discontinue said after hours heating and air conditioning service without any abatement of rent to Tenant whatsoever.
(iii) Landlord shall furnish to the Premises at all times, subject to interruptions beyond Landlord's control, electric current as required by the building standard office light and receptacles. At all times Tenant’s payment 's use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installations, or be in violation of any governmental energy use ordinance.
(iv) Landlord shall furnish water for drinking, cleaning and lavatory purposes only,
(v) Landlord shall provide janitorial services to the Premises, comparable to that provided in other comparable office buildings in the immediate vicinity of the Building, provided the same are used exclusively as offices, and are kept reasonably in order by Tenant’s Share . If the Premises are not used exclusively as offices, and Landlord directs, they shall be kept clean and in order by Tenant, at Tenant's expense and to the satisfaction of Expenses in accordance with Paragraph 4(b) aboveLandlord, and by persons approved by Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises for such purposes. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish in excess of that usually attendant upon the use of the Premises as Additional Rent and within thirty offices.
(30vi) days of being billed thereforLandlord shall replace, for all costs of electrical current consumed as necessary, the fluorescent tubes in the Premises at the rates charged for such services to the Building standard lighting fixtures installed by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityLandlord.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term In accordance with Paragraph 3 of this Lease, and as Additional Rent, Tenant shall have no right (pay its share of all charges for heat, water, light, gas, electricity, sewer, garbage, fire protection and hereby waives any right Tenant may otherwise have) (i) other utilities and/or services used or consumed on or supplied to contract with or otherwise obtain any electric service for or with respect the Building and not separately metered and charged to the Premises or Tenant’s operations therein from any provider of electric service other than premises in the Electric Service Provider, Building. Tenant shall be solely responsible for and shall promptly pay when due all charges for telephone or (ii) to enter into any separate other utilities or direct contract services separately metered or other arrangement with the Electric Service Provider for the provision of electrical service charged to the Premises. Tenant shall cooperate with Landlord may impose a reasonable charge for any utilities and the Electric Service Provider at all times services, including without limitation, air conditioning, electric current and water, required to facilitate the delivery be provided by Landlord by reason of electrical service to Tenant at any substantial recurrent use of the Premises at any time other than Normal Building Hours, or any use beyond what Landlord agrees to furnish as described above, or special electrical, cooling and to ventilating needs created in certain areas by hybrid telephone equipment, computers and other similar equipment or uses. At Landlord's option, separate meters for such utilities and services may be installed for the Building, including, but not limited to, allowing Landlord and the Electric Service ProviderPremises, and their respective agents and contractorsTenant upon demand therefor, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises shall immediately pay Landlord for the purpose installation, maintenance or repair of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Leasemeters.
(c) Tenant acknowledges that agrees to cooperate fully at all times with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the Premises, use of the Building and/or above utilities and services. Any failure to pay any excess costs as described above shall constitute a breach of the Project may become subject obligation to pay rent under this Lease and shall entitle the Landlord to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to rights herein granted for such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Lawsbreach.
(d) Landlord shall not be liable for any loss (includingfor, but and Tenant shall not limited be entitled to, any injury abatement or damage reduction of rent by reason of Landlord's failure to or interference with Tenant’s business), cost, injury or damage to property furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lock-outs or resulting from other labor disturbance or labor dispute of any variationcharacter, interruptiongovernmental regulation, moratorium or other governmental action, inability by exercise of reasonable diligence to obtain electricity, water or fuel, or failure by any other cause beyond Landlord's reasonable control, nor shall any such failure, stoppage or interruption of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall service be deemed construed either as an eviction of Tenant Tenant, or relieve Tenant from the obligation to perform any covenant or agreement. In the event of any failure, stoppage or interruption thereof, however, Landlord shall use reasonable diligence to resume service promptly. Notwithstanding any of its obligations hereunder. In no the foregoing, in the event shall Landlord be liable to Tenant for any damage of a failure, stoppage or interruption in the services to the Premises or which materially adversely affects Tenant’s Property or for any loss of business or any damage or injury 's ability to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about use and occupy the Premises, from any cause whatsoever (including one of the Buildingevents described in Paragraph 45 below), services are not restored so that Tenant can again reasonably use and occupy the Premises for the Permitted Use within one hundred eighty (180) days after the date of the failure, stoppage or interruption, Tenant shall have the Projectright to terminate this Lease by written notice given to Landlord at any time prior to the date that services to the Premises are restored so that Tenant can again reasonably use and occupy the Premises for the Permitted Use.
(e) Landlord makes no representation with respect Notwithstanding anything hereinabove to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In additioncontrary, Landlord shall have no liability for reserves the failure right from time to provide adequate heating, ventilation or air conditioning due time to make reasonable and nondiscriminatory modifications to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation above standards for utilities and air conditioning vents in the Premises free of obstructionservices.
(f) All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant shall separately arrange with, contract with a telephone or telecommunications provider (a "Provider") to provide telephone and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at to the Premises. If Tenant desires to utilize the services of a Provider whose equipment is not presently servicing the Building, such Provider must obtain the written consent of Landlord before it will be permitted to install its lines or other equipment within the Building. Landlord's consent to the installation of lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions acceptable to Landlord in its sole discretion. Landlord's refusal for any reason whatsoever to consent to any prospective Provider shall not be liable for any damages resulting from interruption of, deemed a default or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any breach by Landlord of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no warranty or representation to Tenant regarding as to the conditionsuitability, security, capability or suitability for Tenant’s purposes financial strength of the cabling, wiring or any Provider whose equipment is presently located within serving the Building. Unless Landlord notifies Tenant , and Landlord's consent to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and a Provider whose equipment and restore the Premises and is not presently serving the Building shall not be deemed to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is constitute such a representation or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”warranty. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to To the extent the provision of such data service by a Provider is required by Law to be disclosed interrupted, curtailed or discontinued for any reason whatsoever, Landlord otherwise reasonably requests such information shall have no obligation or liability in connection with therewith unless the Project’s Sustainability Practicesinterruption is caused by the negligence or intentional misconduct of Landlord, and it shall be the Green Building Standards or otherwisesole obligation of Tenant at its expense to obtain substitute service. Landlord shall The provisions of this paragraph are solely for the benefit of Tenant and Landlord, are not be required to notify Tenant of for the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making benefit of any Required Energy Disclosuresthird party, specifically including without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary hereof.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Office Lease (Pacifica Bancorp Inc)
Utilities and Services. Landlord shall (ai) Subject to applicable Laws and furnish the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements Premises with utility and service providers to furnish to the Premises: (1) electricity for lighting fixtures and office machines, gas, sewer, water and heat and air conditioning required for the comfortable occupancy and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if anyduring all hours of Tenant’s operation and at such other times as Tenant may reasonably request and (ii) provide customary trash pick up, and to the Building restroomsdaily janitorial service on normal business days. Landlord shall, in volumes provided to typical office tenants at Landlord’s sole cost and expense, install separate metering for electricity and gas usage by Tenant in the Building; Premises (3) elevator service; or control systems to measure same), including without limitation electrical and/or gas for mechanical systems such as HVAC and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordboilers. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) abovesuch case, Tenant shall pay for such utilities (i) directly to the utility provider, in which case Tenant shall receive a credit toward its Base Rent for the budgeted cost of such utilities in the Base Year (the “Base Year Budget Amount”, which is fourteen cents ($.14) per square foot per month for electricity and two cents ($.02) per square foot per month for gas) determined in Landlord’s reasonable discretion, or (ii) to Landlord as Additional Rent and additional rent, in which case Tenant shall reimburse Landlord within thirty (30) days after Xxxxxxxx’s written request for the actual utility cost for such utilities in excess of being billed thereforthe Base Year Budget Amount determined in Landlord’s reasonable discretion. For purposes of this Lease, for all costs usual business hours are Monday through Friday, 7 am to 6 pm, national holidays excepted. Landlord shall provide Tenant with access to the Premises twenty-four hours a day, seven days a week. For the avoidance of electrical current consumed doubt, Tenant shall be free to use electricity, gas and HVAC in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time without payment of any after-hours or other charge other than the separately metered utility costs; provided that Tenant shall reimburse Landlord within thirty days following written demand for the increase in maintenance and from time to time replacement costs caused by Xxxxxx’s usage in excess of typical office occupants determined in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Leasediscretion.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Full Service Lease (Cyan Inc)
Utilities and Services. (a) Subject to applicable Laws 5.1. From and after the provisions of this Xxxxxxxxx 0Commencement Date, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish Landlord will provide to the Premises: air-conditioning and heating during Building Hours as required in Landlord’s reasonable judgment based upon the applicable season; janitorial service after 5:30 p.m. on Monday through Friday only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building bathrooms and chilled water in Building drinking fountains; elevator service (with at least one (1) electricity for lighting and elevator in operation of low-power usage office machines; (2) cold or tepid water to points of supply at all times, except in the Premisesevent of an emergency); and landscaping and snow removal during the seasons they are required. If Tenant requires air-conditioning or heat beyond the Building Hours, if anythen Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 3:00 p.m. of the same day for extra service needed Monday through Friday, and to the Building restrooms, in volumes by 3:00 p.m. on Friday for extra service needed on Saturday or Sunday) (which notice may be provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”telephone). Tenant shall obtain and accept electric pay for such extra service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose rate of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time$85.00 per hour per zone. To the extent required Tenant provides or contracts for any services relating to comply with Lawany Building structure or system or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall provide such information enter into and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time maintain a service contract therefor with a contractor licensed to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of do business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, jurisdiction in which the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required is located and otherwise approved by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictionsLandlord. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident have access to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes Building twenty-four (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e24) Landlord makes no representation with respect to the adequacy or fitness hours per day each day of the air conditioning or ventilation equipment year (except in the Building to maintain temperatures which may be required for, or because of, any equipment event of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premisesan emergency). Landlord shall not provide a card key (or similar type of) access system to provide access to the Building at all times. A reasonable number of access cards or other means of access shall be liable provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for any damages resulting from interruption of, or replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephonenot permit anyone, computerexcept for Tenant’s employees, permitted subtenants and assigns and authorized guests, agents or invitees, to enter the Building at times other data cabling than the Building Hours. All persons entering or exiting the Building at times other than the time of installationBuilding Hours shall, at Landlord’s discretion, be required to sign in and out.
5.2. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation pay the Electric Charge to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenantsLandlord, as applicableadditional Rent, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to advance of or on the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee first day of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to each month during the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwiseTerm. Landlord shall not be required to notify furnish, and Tenant shall not install a connected load (including all of Tenant’s equipment and systems, but excluding the Building systems) or otherwise draw, in excess of six (6) xxxxx per rentable square foot of Premises; and, in any event, Tenant’s use of electric energy shall never exceed the capacity of the making then existing feeders, risers or wiring installations serving the Premises. If any tax is imposed upon Xxxxxxxx’s receipts from the sale or resale of Required Energy Disclosures; providedelectric energy to Tenant (directly or indirectly through a general tax on such receipts) by any federal, howeverstate or municipal authority, then Tenant shall pay, or reimburse Landlord, such taxes (or its share thereof) in addition to the other charges for electricity described in this Section 5. Tenant will at all times comply with all reasonable rules and regulations of the utility company that are provided to Tenant by Landlord in writing, to the extent disclosure the same are applicable to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making Tenant’s use of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center electric energy in the Premises. The term “Data Center” Landlord shall have not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if (a) the meaning set forth in supply of electric energy to the U.S. Environmental Protection AgencyPremises is temporarily interrupted, or (b) the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processingrequirements.
5.3. Notwithstanding anything herein the provisions of Section 5.2, Landlord, at Landlord’s expense, may, at any time during the Term, install and maintain one or more electrical submeters to measure Tenant’s demand and consumption with respect to the contraryelectricity furnished by Landlord (such submeter(s) being herein called “Tenant’s Submeter”). In the event Tenant’s Submeter is so installed, then from and after the date of such installation Tenant, throughout the remainder of the Term, in lieu of the charges described in Section 5.2 above, shall pay Landlord for such electricity as measured by Tenant’s Submeter as follows: Tenant, for purposes hereofany billing period, a Data Center does not include space within shall pay Landlord an amount determined by applying (i) Tenant’s electrical demand (measured in KWs) and consumption (measured in KWHRs) for such period, as measured by Tenant’s Submeter, to (ii) the rate schedule (inclusive of all taxes, surcharges and other charges payable thereunder or in connection therewith) of the utility company serving the Building that is utilized as (herein called the “Utility Company”) which would then be applicable to Tenant if it purchased electricity directly from the Utility Company for such period. Tenant shall pay the amount due for any billing period within thirty (30) days after being billed therefor, which bills Landlord may render from time to time (but no more frequently than monthly). Tenant shall also pay to Landlord an amount equal to the actual costs incurred by Landlord to a “server room” meter company or similar computer facilities that primarily services otherwise in respect of having Tenant’s Submeter read and having bills prepared and delivered based upon such readings.
5.4. Tenant shall arrange for the business otherwise being conducted within provision of internet and telephone service to the Premises, as Tenant deems necessary in its discretion.
Appears in 1 contract
Utilities and Services. (a) Subject Lessor shall, as an Operating Expense of the Building pursuant to applicable Laws Paragraph 5(b) hereof, provide reasonable quantities of electricity, gas and water standard for a Class A office building. Heat and Air Conditioning service for the provisions of this Xxxxxxxxx 0building is Monday through Friday from 8:00 a.m. to 6:00 p.m., Xxxxxxxx except recognized holidays. Lessor shall furnish or make customary arrangements with utility also provide five-day a week cleaning and maintenance service providers to furnish and refuse pick-up service to the Premises: (1) electricity . Lessee, at its option, may contract for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the its own janitorial service for Lessee’s Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) that such service is performed on a regular basis by a recognized professional janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordservice firm. In addition to Tenant’s payment such event, Lessor shall no longer xxxx Lessee for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such janitorial services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityPremises.
(b) Landlord reserves the right Lessee shall have access to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from twenty-four (24) hours per day, seven (7) days per week, by means of a card key system. Lessor shall provide Lessee and through Landlordthe Premises with heating and air conditioning service, in addition to the manner and hours set forth in subparagraph (a) above, to the extent expressly provided in this Leasethat such service is requested by Lessee. In the event of such a request by Lessee, the first twenty (20) hours of after hours heating and air conditioning service per Lease year shall be at all times during no charge to Lessee and, thereafter, Lessee shall pay to Lessor on a monthly basis Lessor’s charge for such additional heating and air conditioning service. Lessor’s charge shall be Thirty-five Dollars ($35) per hour for after hours’ service. Lessor may make reasonable adjustments to said hourly rate as of the Term commencement date of this Leaseeach of the option extension periods, and Tenant if Lessee exercises its options to extend.
(c) Lessor shall have no right (and hereby waives not be liable to Lessee for any right Tenant may otherwise have) (i) interruption or failure of any utility services to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to which is not caused by Lessor’s willful acts or within the Premises or the Buildingnegligence; provided however, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical that if service to the Premises is interrupted or provided only intermittently for more than five (5) consecutive business days (Monday through Friday, except recognized holidays), Lessee’s Monthly Base Rent shall be abated proportionately on a daily basis from the date of such interruption or commencement of only intermittent service until normal service is restored. Lessor shall use its best efforts to promptly resume or restore the interrupted utilities or services. In the event that utility services are not restored to the Building or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior after the date of the initial interruption, Lessee shall have the right to the expiration of terminate this Lease or within ten (10) after the earlier expiration by giving written notice of this Lease, prior termination to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, Lessor within ten (10) days after request by Landlordsaid period of ninety (90) days, provide consumption data in a form reasonably required by Landlord, unless the utility services are restored prior to the extent the provision of such data is required receipt by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant Lessor of the making notice of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosurestermination.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease (Rocket Fuel Inc.)
Utilities and Services. Landlord will furnish water and electricity to the Building at all times and will furnish heat and air conditioning (aif the Building is air conditioned), at building standard levels, during the normal Building hours, which are 6:00 a.m. to 6:00 p.m. Monday through Friday, and 6:00 a.m. to 12:00 p.m. Saturday, excluding typically recognized holidays. Air conditioning in the building shall be sufficient to maintain temperatures consistent with standard temperatures maintained in office buildings that are similar in age, use and character as the Building. Landlord shall provide 24 hour air for Xxxxxx’s telephone room and computer room. Tenant will reimburse Landlord for additional electricity costs associated with this service. The space will be separately metered. Janitorial service will be provided on a five (5) Subject times per week schedule consistent with other Class A office buildings. The schedule and service may change from time to applicable Laws time. Tenant shall comply with all government laws or regulations regarding the use or reduction of use of utilities on the Premises. Interruption of services or utilities shall not be deemed an eviction or disturbance of Tenant’s use and possession of the provisions Premises, render Landlord liable to Tenant for damages, or relieve Tenant from performance of Tenant’s obligations under this Xxxxxxxxx 0, Xxxxxxxx Lease. Landlord shall furnish or make customary arrangements with take all reasonable steps to correct any interruptions in service caused by defects in utility and systems within Landlord's reasonable control. Electrical service furnished will be 110 volts unless different service already exists in the Premises. Tenant shall provide its own surge protection for power furnished to the Premises. Landlord shall have the exclusive right to choose the utility service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises may change providers at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premisesits discretion. Tenant shall cooperate with Landlord and the Electric Service Provider utility service providers at all times to facilitate the delivery of electrical as reasonably necessary, and shall allow Landlord and utility service to Tenant at the Premises and providers, reasonable access to the Buildingpipes, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and any other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason not contract or engage any other utility provider without prior written approval of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirementsLandlord, which requirements, whether made pursuant to statute, ordinance and regulation approval Landlord may withhold or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or condition in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereofdiscretion. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.Xxxxxxxxxx Park - Zones Inc. Please Initial Page 4 December 2005 _________ _______
Appears in 1 contract
Samples: Lease Agreement (Zones Inc)
Utilities and Services. (a) Subject Tenant shall pay all charges against the Premises for water, sanitary sewer, gas, light, heat, electricity and any other utility services furnished to applicable Laws and or consumed on the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service Premises directly to such providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if anythereof, and if any such services are provided by Landlord, they shall be so provided without any cost markup applicable thereto. The cost of any services shared with another property which are not separately billed to Tenant shall be reasonably proportioned between the Building restrooms, properties services thereby in volumes provided to typical office tenants in the Building; (3) elevator service; Landlord’s reasonable determination. Tenant shall be responsible for obtaining and (4) paying all costs of janitorial services for the Premises Property (including the restrooms on weekdays (excluding legal holidays) as determined each floor of the Premises), trash removal, internet and telephone service. Landlord shall have the right, without being liable to Tenant and without abatement or reduction of rent, to suspend, delay or stop any of the utilities or services provided by Landlord whenever necessary due for emergency, inspection, cleaning, repairs, replacements, alterations, improvements or renewals that are necessary in Landlord's judgment, and whenever necessary due to causes beyond Landlord's control, and shall provide Tenant with prior notice of such interruptions to the extent reasonably necessary by Landlordpossible. In addition any such event, Landlord shall use reasonable diligence to Tenant’s payment for Tenant’s Share complete repairs promptly so as to minimize any resulting interruptions in utilities or services. If through an act or omission of Expenses in accordance with Paragraph 4(b) aboveLandlord, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days its employees, agents, contractors, or representatives, there is an interruption of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such utility services to the Building by the municipality Premises which renders all or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy a portion of the Premises that exceeds unusable, then rent payable under Section 5.1 shall xxxxx in same proportion as the Maximum Density. In addition, Landlord shall have no liability for unusable portion of the failure to provide adequate heating, ventilation or air conditioning due Premises bears to the arrangement of partitioning in the entire Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
from that date which is three (f3) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) business days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision Tenant gives Landlord notice of such data is required by Law to be disclosed or Landlord otherwise reasonably requests interruption until such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosuresinterruption ceases.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject Tenant shall be responsible for and shall pay promptly, directly to applicable Laws and the provisions of this Xxxxxxxxx 0appropriate supplier, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish all charges for electricity metered to the Premises: (1) electricity for lighting , telephone, telecommunications service, janitorial service, interior landscape maintenance and operation 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 low-power usage office machines; (2) cold 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 tepid water invoice therefor. Alternatively, Landlord may elect to points of supply include such cost in the Premises, if any, and to the Building restrooms, definition of Project Costs in volumes provided to typical office tenants which event Tenant shall pay Tenant’s proportionate share of such costs in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordmanner set forth in Section 4.2. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall also pay to Landlord as Additional Rent and an item of additional rent, within thirty (30) 10 days after delivery of being billed Landlord’s statement or invoice therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building Landlord’s standard charges, as determined by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time (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 15525 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. With respect to the 15515 Premises and if the HVAC unit(s) servicing the 15525 Premises serve only the 15525 Premises, “after hours” shall mean more than 283 hours of usage during any month during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s sole discretion (any such provider being referred to herein as usage or nonusage of other unit(s) serving the “Electric Service Provider”Premises, or of the applicable unit during other periods of the Term). Tenant shall obtain and accept electric service for As of the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term date of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service Xxxxxxxx’s standard charges for or with respect to after hours HVAC for the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Leaseis $10.00 per hour per unit.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease (Axonics, Inc.)
Utilities and Services. (a) Subject Tenant shall be responsible for and shall pay promptly, directly to applicable Laws the appropriate supplier, all charges for telephone, telecommunications service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the provisions 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 this Xxxxxxxxx 0Tenant's proportionate share of the cost of water, Xxxxxxxx shall furnish or make customary arrangements with utility gas, sewer, refuse pickup and service providers to furnish any other utilities and services that are not separately metered to the Premises: (1) electricity for lighting , and operation Tenant shall pay such amount to Landlord, as an item of low-power usage office machines; (2) cold additional rent, within 10 business days after delivery of Landlord's statement or tepid water invoice therefor. Alternatively, Landlord may elect to points of supply include such cost in the Premises, if any, and to the Building restrooms, definition of Project Costs in volumes provided to typical office tenants which event Tenant shall pay Tenant's proportionate share of such costs in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordmanner set forth in Section 4.2. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall also pay to Landlord as Additional Rent and an item of additional rent, within thirty (30) 10 business days after delivery of being billed Landlord’s statement or invoice therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion “standard charges” (any such provider being referred to herein as the hereinafter defined) for “Electric Service Provider”). after hours” usage by Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to each HVAC unit servicing the Premises. Tenant shall cooperate with Landlord and If the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at HVAC unit(s) servicing the Premises and to also serve other leased premises in the Building, including“after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, but not limited to, allowing Landlord and the Electric Service Providerbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and their respective agents all day on Sundays and contractorsnationally-recognized holidays, (isubject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Building and/or Term. “After hours” usage shall be determined based upon the Project may become subject operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing usage or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason nonusage of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(dother unit(s) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about serving the Premises, or of the Buildingapplicable unit during other periods of the Term). As used herein, or “standard charges” shall mean $25.25 per hour for each hour of “after hours” use (inclusive of the Project.
(e) Landlord makes no representation with respect applicable electricity charges paid to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstructionutility provider).
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease Agreement (Lantronix Inc)
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx a. Landlord shall furnish or make customary arrangements with utility the following utilities and service providers to furnish services to the Premises: electric current (1) electricity for lighting and operation of lownormal desk-power usage type office machines); (2) hot and cold or tepid water to points water; lavatory supplies; heat and air-conditioning during the appropriate seasons of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Buildingyear as reasonably required; (3) elevator service; and trash removal, cleaning and char service (4) janitorial services for after normal business hours Monday through Friday, excluding Holidays (hereinafter defined)). Heating and air conditioning shall be provided to the Premises on weekdays only during normal business hours (;.e., Monday through Friday 8:00 a.m. to 6:00 p.m., and Saturday 8:00 a.m. to 1:00 p.m.. excluding Holidays). As used herein, the term "Holidays" shall mean New Year's Day, Xxxxxx Xxxxxx Xxxx'x Birthday, President's Day, Memorial Day, Independence Day, Labor Day. Columbus Day, Thanksgiving Day and Christmas Day. At times other than the normal business hours and days aforesaid, central air conditioning and heating shall be provided to Tenant upon at least twenty-four (excluding legal holidays24) as determined reasonably necessary hours' prior notice from Tenant, and upon payment by Landlord. In addition to Tenant’s payment for Tenant’s Share Tenant of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to the hourly charge established by Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion for each hour (any such provider being referred to herein as the “Electric Service Provider”or a portion thereof) of after-hours usage. The current hourly charge for each hour (or portion thereof) of after-hours usage of central air conditioning and heating is $20 per hour (or portion thereof). Tenant Landlord shall obtain use reasonable efforts to ensure that at least one (1) passenger elevator is operating in the Building twenty-four (24) hours per day, seven (7) days per week. All light bulbs and accept electric service for tubes in the Premises only shall be replaced at Tenant's expense. In addition, Landlord may impose a reasonable additional charge for any additional or unusual services required to be provided by Landlord to Tenant because of the carelessness of Tenant, the nature of Tenant's business or the removal of any refuse and rubbish from the Premises except for discarded material placed in wastepaper baskets and through Landlordleft for emptying as an incident to Tenant's normal cleaning of the Premises. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant Landlord shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service liability to Tenant at the Premises and for such suspension or curtailment or due to the Building, including, but not limited to, allowing Landlord and the Electric Service Providerany restrictions on use arising therefrom or relating thereto, and their respective agents and contractors, (i) Landlord shall proceed diligently to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now restore such service. No interruption or hereafter located within the Building or the Premises for the purpose malfunction of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability services shall constitute an actual or constructive eviction or disturbance of Tenant, or entitle Tenant to any abatement or diminution 's use and possession of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or or the Project may become subject to parking garage or parking areas in or around the rationing of Utility services Building or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented constitute a breach by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. hereunder or render Landlord liable for damages or entitle Tenant shall label all telephone, computer, to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rent) or grant Tenant any right of setoff or claim against Landlord or constitute a constructive or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all eviction of Tenant’s telephones. In the event of any such interruption, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required use reasonable diligence to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, restore such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosuresservices.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Deed of Lease (Eurotech LTD)
Utilities and Services. (a) Subject to applicable Laws and Section 4.1 Throughout the provisions term of this Xxxxxxxxx 0, Xxxxxxxx lease TENANT shall furnish or make customary arrangements contract with utility and service providers to furnish pay directly to the Premises: (1) utility company servicing the Building for the electricity and gas used in and about the Demised Premises as determined by the utility meters which shall be installed at LANDLORD's expense. TENANT shall post with the utility company any deposits associated with said meters. Notwithstanding the above, however, LANDLORD shall sub-meter the electrical consumption for lighting and operation the balance of low-power usage office machines; (2) cold or tepid water to points of supply the space in the Premisesbuilding (approximately 5,000 square feet). Upon LANDLORD or other tenant occupying such space, if anyLANDLORD shall reimburse TENANT the sum of $1,000.00 per month for same. At the end of each lease year period, and to said amount shall be adjusted based on the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) average cost per kilowatt as determined reasonably necessary by Landlordon the bills the TENANT receives for electrical consumption times the actual consumption used on the sub-meter. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) aboveIf the amount is greater or less than $12,000.00 per year, Tenant LANDLORD shall either pay to Landlord as Additional Rent and TENANT or receive a reimbursement from TENANT within thirty (30) days of being billed therefor, after such adjustment is determined. LANDLORD shall be responsible to TENANT for all costs consumption registered on said sub-meter for such periods as the balance of electrical current the space remains unoccupied.
Section 4.2 Throughout the term of this lease, TENANT shall contract with the local water company for all water used or consumed in conjunction with this building.
Section 4.3 The LANDLORD covenants to provide and pay for cleaning services by LANDLORD's cleaner as per the Premises at Cleaning Specification attached hereto and made a part hereof as Exhibit "D".
Section 4.4 TENANT shall use the rates charged loading areas designated by LANDLORD for such services moving and deliveries, and to the Building otherwise abide by the municipality reasonable Rules established by LANDLORD as respect deliveries to or moving into or out of the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityDemised Premises.
(b) Landlord reserves Section 4.5 LANDLORD covenants and agrees to exercise all reasonable commercial efforts not to interfere with the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, conduct of TENANT's business in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Demised Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, exercise due diligence in repairing, replacing or upgrading such electrical restoring any interruption in service from time to timeor utilities caused by the LANDLORD, its agents, employees contractors. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service If any utility to the Demised Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may should become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning unavailable due to the arrangement acts or omissions of partitioning LANDLORD, its agents, employees or contractors for a period in excess of twenty- four (24) consecutive hours and TENANT, in its reasonable business judgment, elects to close the Demised Premises or changes theretoas a result thereof, or all Rental shall xxxxx from the failure commencement of Tenant to keep heating, ventilation and air conditioning vents in the Premises free said unavailability of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, such utility services until such time as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant said utility service is restored to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Demised Premises.
Appears in 1 contract
Samples: Lease Agreement (Gutbusters Pty LTD)
Utilities and Services. (a) Subject to applicable Laws From and after June 1, 2002, Paragraph 12 of the provisions of this Xxxxxxxxx 0, Xxxxxxxx Lease is hereby amended and restated in its entirety as follows: "Landlord shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, Premises and to the Building restroomsProject, in volumes provided to typical office tenants in the Building; following utilities and services: (3i) elevator service; water, gas and electricity reasonably suitable for the intended use of the Premises and the Project, twenty-four (24) hours every day of the week, (ii) heat and air conditioning reasonably suitable for the comfortable use and occupation of the Premises and the Project during business hours, and (4iii) refuse collection and janitorial services services. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning systems. Landlord shall cooperate with Tenant to provide heating, ventilating and air conditioning to all or any portion of the Premises outside of Business Hours if requested by Tenant, and Tenant shall reimburse Landlord for its actual costs in so providing such service as reasonably estimated by Landlord. Business Hours shall mean: Monday through Friday, excluding generally observed national holidays, from 7:00 a.m. to 7:00 p.m. Tenant shall arrange for and pay for all telephone, and all other services supplied to or consumed on weekdays (excluding legal holidays) as determined reasonably necessary the Premises and not provided by Landlord. In addition the event that any service is not separately metered or billed to the Premises, the cost of such utility service or other service shall be a common area charge and Tenant shall pay its percentage share of such cost to Landlord as provided in paragraph 16. In addition, the cost of all utilities and services furnished by Landlord to the Premises and to the Project shall be a common area charge and Tenant shall pay its percentage share of such costs to Landlord as provided in paragraph 16, except as such costs may be specifically allocated otherwise herein. Tenant shall pay directly to Landlord (and such amount shall not be included as a common area charge) for any water, gas, electricity or HVAC usage that is separately metered to the Premises or any part thereof. If Tenant’s payment for Tenant’s Share 's use of Expenses any such utility or service is materially in accordance with Paragraph 4(b) aboveexcess of the average furnished to the other tenants of the Project, and such utility or service is not separately metered, then Tenant shall pay to Landlord upon demand, as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premisesadditional rent, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure full cost of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providersexcess use, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request determined by Landlord, provide consumption data or Landlord may cause such utility or service to be separately metered, in a form reasonably required by Landlord, to which case Tenant shall pay the extent the provision full cost of such data is required by Law to be disclosed utility or service and reimburse Landlord otherwise reasonably requests such information in connection with upon demand for the Project’s Sustainability Practices, cost of installing the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosuresseparate meter.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease (Cmgi Inc)
Utilities and Services. (a) Subject All HVAC, electricity, water, janitorial and other utilities and services supplied to applicable Laws Tenant in the Project shall be supplied by Tenant and kept in Tenant’s name until the provisions expiration or earlier termination of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish the Term. Notwithstanding anything to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided contrary contained in this Lease, Landlord shall have the option to take over the performance of the landscaping maintenance and repair services for the Project from Tenant. To exercise its option, Landlord must give Tenant notice in writing, in which event, as soon as reasonably practicable after Tenant has received Landlord’s notice, Tenant shall notify its landscaping services provider for the Project that Tenant wishes to terminate the performance of all such landscaping services. Tenant shall use reasonable efforts to effect such termination as soon as reasonably practicable and notify Landlord of the effective date of such termination and the monthly charge that Tenant has been paying for such services. Landlord’s obligation to perform the landscaping services for the Project shall not commence until the effective date of the termination of Tenant’s contract with Tenant’s landscaping services provider for the Project. From and after the effective date of such termination, (i) Landlord shall be obligated to perform all landscaping maintenance and repair services for the Project, at all times during the Term of this Leaseno cost to Tenant, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein be released from any provider of electric service other than the Electric Service Provider, or (ii) further obligation to enter into any separate or direct contract or other arrangement with the Electric Service Provider provide such services for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the BuildingProject, and (ii) reasonable access the monthly Base Rent for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy remainder of the electrical service being provided to Term shall thereafter be increased by the Premises or the Buildingmonthly amount that Tenant had previously been paying its landscaping services provider for such services, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, Landlord and Tenant shall in no event be excused or relieved from any covenant or obligation as soon thereafter as is reasonably practicable execute an amendment to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all memorialize such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereofBase Rent increase.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (aA) Subject Provided that Tenant is not in material default hereunder, Landlord agrees to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers cause to furnish be furnished to the Premises: Premises the following utilities and services, subject to the conditions and standards set forth below and -11- elsewhere herein:
(1i) electricity for lighting and operation of low-power usage office machines; Landlord shall provide automatic elevator facilities from 8:00 a.m. to 6:00 p.m., Monday through Friday (2) cold or tepid water to points of supply legal holidays listed in the Premises, if anyExhibit "E" "Legal Holidays" excepted), and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) shall have at least one elevator service; and (4) janitorial services available for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for use at all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityother times.
(bii) From 8:00 a.m. to 6:00 p.m., Monday through Friday (Legal Holidays excepted), Landlord reserves the right shall, subject to change the electricity provider interruptions beyond Landlord's control and subject to provide electricity (subparagraph 3(E), furnish heat or supplemental electricity) from alternative air-conditioning subject to any governmental requirements or standards relating to, among other things, energy sourcesconservation. Upon reasonable, e.g.prior written request, solar panelsLandlord shall make available at Tenant's expense, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Leaseafter-hours heat or air-conditioning, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract be responsible for payment of all costs associated with such after hours heat or otherwise obtain any electric service air conditioning. The charge for after-hours heat or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant air-conditioning shall cooperate with be reasonably determined by Landlord and confirmed in writing to Tenant, as the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service same may change from time to time. To At the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use date of electricity at this Lease the Premises as charge is $50.00 per hour per zone There shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible a minimum charge of one hour for any loss, damage, expense or liability, including, but not limited to, loss every partial hour of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictionsusage. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to pay the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or hours charges promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicableand, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shallevent, within ten (10) days after request by receipt of written confirmation.
(iii) Landlord shall furnish to the Premises, subject to interruptions beyond Landlord's control and subject to subparagraphs 3(E) and 9(B), provide consumption data in a form reasonably electric current as required by the building standard office lighting and receptacles. At no time shall Tenant's use of electric current exceed the Premises' capacity of 3.5 wattx xxx square foot for lighting and power. Landlord represents that Landlord will furnish electric current of 3.5 wattx xxx square foot for lighting and power and for purposes of air supply and distribution of HVAC System and that Landlord will not reduce said capacity during the term hereof. To the extent Tenant design exceeds the electrical current design capacity, then Tenant will pay all costs of providing additional required electrical service. Tenant shall pay the after hours charges promptly and, in any event, within ten (10) days after receipt of written confirmation.
(iv) Landlord shall, subject to interruptions beyond Landlord's control and other provisions hereunder, furnish the building with water for heating, ventilating, air conditioning, drinking and lavatory purposes only.
(v) Landlord shall provide janitorial services to the Building and Premises, in accordance with Exhibit "F" provided that the Premises are kept in good order by Tenant. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish to the extent that the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with same exceeds the Project’s Sustainability Practices, refuse and rubbish usually attendant upon the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant use of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy DisclosuresPremises as offices.
(hvi) Tenant may not operate a Data Center Landlord shall replace, as necessary, the fluorescent tubes in the Premisesstandard lighting fixtures installed by Landlord. The term “Data Center” shall have Tenant agrees to reimburse Landlord upon demand for the meaning set forth in cost of such fluorescent tubes and the U.S. Environmental Protection Agency’s ENERGY STAR® program labor and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used overhead for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premisestheir installation.
Appears in 1 contract
Samples: Commencement Date Memorandum (Quintiles Transnational Corp)
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsibleresponsible for and shall pay promptly, at Tenant’s expensedirectly to the appropriate supplier, all charges for any water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all of Tenant’s telephonesother utilities, telecopiers, computers, telephone switching, telephone panels materials and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any subtenant taxes thereon. If any utilities or licensee of Tenant or (ii) Landlord is services are not responsible for reading any submetered or separately metered utility supplied or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the Premisescost of such utilities and services and Tenant shall pay such amount to Landlord, then Tenant shallas an item of additional rent, within ten (10) days after request receipt 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 ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage 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 or after the hours of 6:00 A.M. to 6:00 P.M. on Mondays through Fridays, and for more than four (4) hours at any time during any weekend period (that is, from midnight on Friday through midnight on Sunday), subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, provide consumption data in “after hours” shall mean more than two hundred eighty-three (283) hours of usage during any month during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a form reasonably required by Landlord“non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the extent Premises, or of the provision applicable unit during other periods of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwiseTerm). Landlord shall not be required to notify Tenant liable for damages or otherwise for any failure or interruption of the making of Required Energy Disclosures; provided, however, that any utility or other service furnished to the extent disclosure Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant is required acknowledges that the costs incurred by applicable LawsLandlord related to providing above-standard utilities to Tenant, such disclosure including, without limitation, telephone lines, may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating charged to the making of any Required Energy DisclosuresTenant.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers Landlord agrees to furnish to the Premises: (1) electricity Premises during the Business Hours, subject to the conditions and in accordance with the standards set forth in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and operation of low-power usage fractional horsepower office machines; (2) cold or tepid , water to points for lavatory and drinking purposes, heat and air conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of supply in the Premises, if anyand elevator service by non-attended automatic elevators. In addition, and Landlord agrees to provide janitorial service to the Building restroomsPremises five (5) days a week, during such hours and days as Landlord may schedule, in volumes provided to typical office tenants in its reasonable discretion, but not within the Building; (3) elevator service; and (4) Business Hours except for emergencies during which janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordmust be provided during Business Hours. In addition to Tenant’s payment for Tenant’s Share of Expenses Janitorial services shall be provided in accordance with Paragraph 4(bthe specifications set forth in Exhibit F attached hereto and made a part hereof. Tenant acknowledges and agrees that Landlord may impose a reasonable charge for the use of any additional or unusual janitorial services required by Tenant’s carelessness. Landlord’s obligation regarding any heating, ventilation and air conditioning (“HVAC”) aboveand electrical systems shall be limited to the Building’s standard central HVAC and electrical systems, and Landlord shall have no obligation to maintain or repair any HVAC or electrical system that has been installed to accommodate Tenant’s specific use of the Premises (provided, however, that any contractor retained by Tenant to maintain or repair any such HVAC or electrical system shall pay be subject to Landlord’s reasonable approval). Landlord as Additional Rent and within thirty (30) days of being billed thereforshall not be obligated to service, for all costs of electrical current consumed maintain, repair or replace any system or improvement in the Premises that has not been installed by Landlord at Landlord’s expense. 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 rates charged foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or for such any other causes. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the temporary interruption or failure of any services to be provided under this Lease whenever such interruption or failure is not the Building by fault of Landlord as set forth above in the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacitySection.
(b) If the temperature otherwise maintained in any portion of the Premises by the HVAC systems of the Building is affected by any unusual lights, machines or equipment used by Tenant in the Premises, or by the occupancy of the Premises by more persons than are contemplated by the design criteria of the HVAC systems, then Landlord reserves shall have the right to change install machines or equipment that Landlord reasonably deems necessary to restore temperature balance, including modifications to the electricity provider standard air conditioning equipment and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (electrical systems serving the Premises. The cost of any such provider being referred equipment and modifications, including the cost of installation and any additional cost of operation and maintenance of the same, shall be paid by Tenant to herein as the “Electric Service Provider”). Landlord upon demand.
(c) Tenant shall obtain acknowledges and accept electric service for agrees that Tenant’s use of the Premises only during Non-Business Hours imposes additional burden on the Project’s HVAC. Accordingly, Non-Business Hours use of HVAC will be made available to Tenant through an access or override switch accessible to Tenant from the Premises and through Landlordwill be billed as an after-hours rent assessment. After-hours use of HVAC will be monitored and such costs will be payable by Tenant to Landlord upon demand (a minimum two (2) hour charge will be due for any such after-hours usage), on an hourly basis at the then prevailing rate (“Prevailing Rate”) established by the Landlord in its reasonable discretion. Landlord and Tenant acknowledge and agree that, as of the manner and to the extent expressly provided in this Lease, at all times during the Term date of execution of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) the Prevailing Rate for use of the Premises during Non-Business Hours is: (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or Thirty Five and No/100ths Dollars (ii$35.00) to enter into any separate or direct contract or other arrangement with the Electric Service Provider per hour for the provision entire Premises. The Prevailing Rate is subject to change, based upon changes in the cost of electrical service providing HVAC to the Premises. .
(d) Tenant shall cooperate with Landlord and not, without the Electric Service Provider at all times to facilitate the delivery prior consent of electrical service to Tenant at the Premises and Landlord, connect to the Buildingutility systems of the Building any apparatus, machinery or other equipment except typical office machines and devices such as, but not limited to, duplicating (reproduction) equipment, HVAC, computers, mini- and micro-computers, servers, printers, PCUs and electric typewriters, word processors, telecopy and facsimile machines, communications equipment and vending machines, standard kitchen appliances, including, but not limited to, allowing Landlord refrigerators and microwave ovens. Nor shall Tenant, without the Electric Service Providerprior written consent of Landlord, and their respective agents and contractors, (i) connect to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or circuit in the Premises for any apparatus or equipment with power requirements that exceed the purpose designed electrical capacity of providing the Premises. Tenant shall not, without the prior consent of Landlord, connect to any dedicated electrical service to or within circuit in the Premises electrical apparatus or equipment of any type having in the Building, and aggregate electrical power requirements in excess of two (ii2) reasonable access for the purpose amps per outlet. Notwithstanding Landlord’s consent to such excess loading of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Lawcircuits, Tenant shall provide pay the cost of any additional or above-standard capacity electrical circuits necessitated by such information excess loading circuits and specifications regarding the installation thereof.
(e) All sums payable hereunder by Tenant for additional services or for excess utility usage shall be payable within thirty (30) days after written request from Landlord, including reasonable supporting documentation; except that Landlord may require Tenant to pay monthly for the estimated cost of Tenant’s use or projected use excess utility usage if such usage occurs on a regular basis, and such estimated amounts shall be payable in advance on the first day of electricity each month.
(f) Notwithstanding any other provision of this Section 14, Landlord shall supply HVAC with a temperature of fifty-six (56 F) degrees at the Premises as Base Building shaft and air at 1.75 CFM/USF with 20 CFM of outside air per person based upon one person per 100 usable square feet. The heating system shall be required from time capable of maintaining seventy-two (72 F) degrees based on the lowest typical winter temperatures in the area. Temperature controls/thermostats shall be located within Tenant’s suite, and Tenant shall have exclusive control of temperature within Tenant’s suite and Tenant’s computer room. Notwithstanding any other provision of this Section 14, Landlord guarantees electricity available to time by Landlord or the Electric Service Provider Tenant and for office equipment that is usual and customary for Tenant’s business up to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability6 wxxxx/RSF, including, but not limited to, loss of business or any consequential damagesduplicating (reproduction) equipment, arising from any failure or inadequacy of the electrical service being provided to the Premises or the BuildingHVAC, whether resulting from any changecomputers, failuremini- and micro-computers, interferenceservers, disruptionprinters, or defect in the supply or character of the electrical service furnished to the Premises or the BuildingPCUs and electric typewriters, or arising from the partial or total unavailability of electrical service to the Premises or the Buildingword processors, from any cause whatsoevertelecopy and facsimile machines, or otherwisecommunications equipment and vending machines, nor shall any such failurestandard kitchen appliances, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business)refrigerators and microwave ovens, cost, injury or damage to property caused by or resulting from any variation, interruption, or failure some of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Projectwhich will require separate electrical circuits.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx Landlord shall furnish or make customary arrangements with utility and service providers use all reasonable efforts to furnish (as part of Operating Expenses) heating, ventilation, air conditioning, janitorial service, electricity for normal lighting and office machines, cold water for reasonable and normal drinking and lavatory use, elevator service providing access to the Premises: , replacement light bulbs and/or fluorescent tubes and ballasts for standard overhead fixtures. The level of cooling and heating and the capacity of electricity serving the Premises shall be no less (1subject to matters outside Landlord's reasonable control) electricity for lighting and operation than the minimum amounts of low-power usage office machines; (2) cold or tepid water to points of supply such services described in the PremisesConstruction Rider as Landlord's Building Standard improvements. All of said services other than janitorial and HVAC, if anyshall be (subject to matters outside Landlord's reasonable control) provided continuously 24 hours per day, 365 days per year. Janitorial service shall be provided Monday through Friday, excluding municipally recognized holidays. HVAC shall be provided Monday through Friday from 7:00 am. to 7:00 p.m. and Saturday from 8:00 a.m. to the Building restrooms, in volumes provided to typical office tenants in the Building; 1:00 p.m. (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”"Business Hours"). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to HVAC required by Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as times shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become made available subject to the rationing After Hours Charge for each hour of Utility services or restrictions on Utility use as required by Lawbeyond non-Business Hours. Tenant’s tenancy and occupancy hereunder The After Hours Charge shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason follows: $25 per hour during the first five years of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason the Lease Term; the lesser of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, $30 per hour or the Project.
(e) Landlord makes no representation with respect to Building promulgated per hour rate for overtime HVAC then in effect during the adequacy or fitness next five years of the air conditioning or ventilation equipment Lease Term; and during any renewal Lease Term, a per hour charge not in the Building to maintain temperatures which may be required forexcess of market charges for comparable buildings in Boca Raton, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the PremisesFlorida. Landlord shall not be liable for failure to furnish any damages resulting from interruption of, or Tenant’s inability of the utilities described in this PARAGRAPH 17 if and only if such failure is not caused by Landlord and is beyond the ability of Landlord to receive such serviceprevent, and in such case, Tenant shall have no right to abatement of rental hereunder or to termination of this Lease with respect to any such inability interruption nor shall not relieve Tenant such failure constitute an eviction, nor shall Landlord be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of its obligations under this Leasethe services enumerated above. Tenant shall label all telephoneHowever, computer, or other data cabling at in the time event of installation. Tenant shall be responsible, at Tenant’s expense, for any and all a failure of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore services that renders the Premises untenantable and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant caused by Landlord's gross negligence or any subtenant or licensee of Tenant willful misconduct, or (ii) is within Landlords reasonable ability to prevent, all rent and other charges hereunder starting upon expiration of the 3rd business day following Tenant's notice to Landlord regarding such failure shall abate on a per diem basis until the Premises are again tenxxxxxle. For purposes of the preceding sentence, the Premises shall be deemed untenantable in the event of a failure of HVAC or electrical services if Tenant, in its reasonable judgment, is not responsible for reading any submetered unable to conduct its business on a normal basis and closes the Premises to all but essential personnel needed to prevent damage to Tenants business operations or separately metered utility supplied equipment. Utilities shall be furnished to Tenant and to the Premises, then Tenant shall, within ten (10) days after request Project only by service providers who have been approved by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord agrees to use reasonable efforts to perform non-critical (i.e. normal and routine maintenance) maintenance that would materially and adversely interfere with Tenant's business during non-Business Hours. The foregoing shall not be required apply to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, repairs or otherwise relating to the making of any Required Energy Disclosures.
emergencies (h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized defined as a “server room” situation involving imminent danger to person or similar computer facilities property) or non-critical maintenance that primarily services the business otherwise being conducted within the Premiseswould not materially or adversely interfere with Tenant's business.
Appears in 1 contract
Utilities and Services. (a) Subject Landlord agrees to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers cause to furnish be furnished to the Premises: , the utilities and services described, subject to the conditions and in accordance with the standards set forth below ("Utilities and Services"), it being understood that in the event of a bankruptcy proceeding by Tenant, Landlord's obligation to supply such services and utilities shall be conditioned upon Tenant's payment for same, as administrative rent, on a current basis:
(i) Landlord shall provide automatic elevator facilities Monday through Friday, excepting therefrom all holidays recognized by Landlord, hereinafter collectively referred to as "generally accepted business days," from 8:00 a.m. to 6:00 p.m., and on Saturdays from 8:00 a.m. to 12:00 noon (collectively, "Business Hours"), and have at least one elevator available for use at all other times. Landlord may change, increase or decrease such holidays from time to time provided the holidays otherwise adopted by Landlord are consistent with the holidays recognized by operators of other first-class office buildings located in the vicinity of the Building ("Comparable Buildings").
(ii) During Business Hours (and at other times for a reasonable additional charge to be fixed by Landlord), Landlord shall ventilate the Premises and furnish HVAC when it is required for the comfortable occupancy of the Premises, subject to any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies or cooperative organizations. Landlord shall make available at Tenant's expense after-hours power, including light, and HVAC to each floor of the Building which shall be controlled by a key and metering system, digital control system or other central control system selected by Landlord. Minimum use of after-hours power, heat and air conditioning, the costs thereof and the prior notice required for such services shall be determined from time to time by Landlord and confirmed in writing to Tenant, as the same may change from time to time. Current minimum use of heat and air conditioning is two (2) hours in sequence.
(iii) Landlord shall, pursuant to the terms hereof, make available to the Premises at all times twenty-four (24) hours a day, seven (7) days a week, every day of the year, subject to interruptions beyond Landlord's control, electric current as required by the building standard office lighting (approximately three (3) xxxxx per square foot) and receptacles (approximately one (1) electricity watt per square foot). Subject to the foregoing, at all times Tenant's use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation. Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment other than basic office equipment (as reasonably determined by Landlord) in -------------------------- Landlord's Tenant's Initials Initials -------------------------- -------------------------- the Premises without the prior written consent of Landlord, which will not be withheld, conditioned or delayed unless a Design Problem is created.
(iv) Landlord shall at all times furnish reasonably necessary amounts of water for lighting kitchen facilities, drinking, cleaning, other plumbing facilities, and operation of low-power usage office machines; lavatory purposes only.
(2v) cold or tepid water Landlord shall provide janitorial services to points of supply in the Premises, if anycomparable to those provided in Comparable Buildings, provided the Premises are used exclusively as offices and customary ancillary uses and are kept reasonably in order by Tenant. Landlord shall not be responsible or liable for any act or omission or commission on the part of the persons employed to perform said janitorial services, which shall be performed at Landlord's direction without interference by Tenant or Tenant's employees, agents, contractors, licensees, directors, officers, partners, trustees, visitors or invitees (collectively, "Tenant Parties"). If the Premises are not used exclusively as offices, Tenant or persons approved by Landlord shall keep the Premises clean and in order to the satisfaction of Landlord, but at Tenant's sole expense. No persons other than Tenant and those persons approved by Landlord shall be permitted to enter the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the purpose of keeping the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordclean and in order. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as Additional Rent offices.
(vi) Landlord shall replace, as necessary, the fluorescent tubes in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non- building standard lighting fixtures, if any, installed in the Premises. If Tenant shall fail to make any such replacement within five (5) days after written notice from Landlord, Landlord may make such replacement and charge the cost of labor and materials involved therein to Tenant, as additional rent.
(vii) Landlord shall provide at all times, subject to interruptions due to equipment failure, maintenance and/or repairs, intrabuilding network cabling to permit connection of telephone service from the Minimum Point of Entry as designated by Pacific Xxxx or other provider to the telephone closet located on the floor of the Building on which the Premises is located.
(b) Landlord may impose a reasonable charge for any utilities and services, including without limitation, air conditioning, electric current and water, required to be provided by Landlord by reason of any use of the Premises at any time other than Business Hours or any use beyond what Landlord agrees to furnish as described above, or special electrical, cooling and ventilating needs created in certain areas by hybrid telephone equipment, computers and other similar equipment or uses. At Landlord's option, separate meters for such utilities and services may be installed for the Premises and Tenant, upon demand therefor, shall immediately pay Landlord for the installation, maintenance and repair of such meters.
(c) Tenant agrees to cooperate fully at all times with Landlord and to abide by all reasonable, non-discriminatory regulations and requirements which Landlord may prescribe for the proper functioning and protection of the above utilities and services. Tenant shall pay any excess costs as described above within thirty (30) days following Tenant's receipt of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged an invoice for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Lawscharges.
(d) Landlord reserves the right in its reasonable discretion to reduce, interrupt or cease service of the Building Systems), for (i) the making of any repairs, additions, alterations or improvements to such Building System until said repairs, additions, alterations or improvements shall have been completed or (ii) any accident, breakage, strikes, lockouts or other labor disturbance or labor dispute of any character, governmental regulation, moratorium or other governmental action, inability by exercise of reasonable diligence to obtain electricity, water or fuel, or by any other cause beyond Landlord's reasonable control. In such event, -------------------------- Landlord's Tenant's Initials Initials -------------------------- -------------------------- Landlord shall not be liable for for, and Tenant shall not be entitled to, any loss abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing. Landlord shall not be in breach of this Lease and shall not be liable in damages (including, including but not limited toto any damages, any injury compensation or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting claims arising from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure cessation of Tenant's business) or otherwise for failure, stoppage or interruption of any such services incident to service, nor shall the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall same be deemed construed either as an eviction of Tenant Tenant, or work an abatement of rent, or relieve Tenant from the operation of any covenant or agreement. Provided, however, Landlord shall give not less than twenty-four (24) hours advanced notice of its obligations hereunderany such work (except in emergencies, when no notice shall be required) and Landlord shall use commercially reasonable efforts to perform such work at such times and in a manner which will minimize any interference with Tenant's normal and customary business operations. In no the event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing failure, stoppage or other pipes (includinginterruption thereof, but not limited tohowever, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the ProjectLandlord shall use reasonable diligence to resume service promptly where it is within Landlord's reasonable control to do so.
(e) Landlord makes no representation with respect Landlord, in its sole and absolute discretion, may elect to contract for the adequacy or fitness services of individuals that will monitor the systems and operations of the air conditioning or ventilation equipment Building. In this connection, Landlord may also elect to station some of these individuals in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy lobby of the Premises that exceeds Building. Such individuals are not security personnel and will not provide protective services to any of the Maximum Density. In additiontenants of the Building, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstructionincluding Tenant.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant Notwithstanding anything hereinabove to the contrary at least ninety (90) days prior contrary, Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring above standards for utilities and equipment and restore the Premises and the Building to the same condition as before installation thereofservices.
(g) Tenant acknowledges that Landlord is or may become subject shall pay for all telephone service to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance the Premises and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination contract directly with the energy use of other tenantsproviding company for such service, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. and Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosureshave no responsibilities thereto.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease (Resources Connection Inc)
Utilities and Services. (a) Subject From 7:00 a.m. to applicable Laws and the provisions of this Xxxxxxxxx 06:00 p.m. on weekdays (“Normal Business Hours” (excluding legal holidays)), Xxxxxxxx Landlord shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) Premises electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if anywater, heat and air conditioning, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; . During all other hours, Landlord shall furnish such service except for heat and (4) air conditioning. Landlord shall provide janitorial services for the Premises each day on weekdays (excluding legal holidays) as in a manner determined reasonably necessary by LandlordLandlord for a Class A building standard. In addition to Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all telephone services and equipment as may be required by Tenant in the use of the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s payment inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. If at any time during the Term Landlord shall determine that installation of a separate electrical meter for equipment or systems located within the Premises is necessary or desirable as a result of Tenant’s Share of Expenses in accordance with Paragraph 4(b) aboveexcessive electrical usage, then Tenant shall pay the cost of installing and maintaining such meter and the cost of Tenant’s electrical usage as measured by such meter. Tenant acknowledges that certain equipment installed in the server room located on the ground floor portion of Premises is separately metered and that Tenant shall pay the cost of Tenant’s electrical usage as measured by such meter; provided, however that nothing contained herein shall be interpreted to prohibit or limit Tenant’s ability to make use of the non-separately metered circuits for the operation of low-power usage office machines consistent with general office usage.
(b) If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours (“After Hours HVAC”) and Landlord’s standard hourly charge for services shall be paid by Tenant as Additional Rent and Rent, within thirty (30) days following invoice. As of being billed thereforthe Lease Date, Landlord’s standard hourly charge for all costs After Hours HVAC is Twenty-Five Dollars ($25.00) per one-half (1/2) floor. Landlord’s standard charge for After Hours HVAC shall be based on Landlord’s actual direct utility costs, plus Landlord’s other direct costs, including a reasonable depreciation factor or replacement reserve for the system on account of electrical current consumed in said additional hours of operation so as to reimburse Landlord for the Premises at actual cost to Landlord to supply the rates charged service plus a reasonable reserve for such services depreciation or replacement of the HVAC equipment, but without a profit to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityLandlord.
(bc) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with Pacific Gas & Electric Company to provide electricity for the Building, and that Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, of such service at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this LeaseTerm, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric electrical service for or with respect to the Premises or Tenant’s operations therein from any provider of electric electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited towithout limitation, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (iA) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (iiB) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited towithout limitation, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(cd) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Lawa public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant’s Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Lawupon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall agrees to comply with reasonable energy conservation and carbon reduction programs implemented by Landlord by reason of rationing, restrictions or Laws.
(de) Unless caused by the gross negligence or willful misconduct of Landlord, Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), costloss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In Unless caused by the sole gross negligence or willful misconduct of Landlord, in no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited towithout limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(ef) Landlord makes no representation with respect to the adequacy or fitness of the air air-conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Densityby more than one person per 200 rentable square feet. In addition, Landlord shall have no liability for loss or damage in connection therewith. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, equipment or lighting other than Building-standard lights in the failure Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to provide adequate heatingthe terms of this Paragraph 5. Landlord shall have the right to condition any such consent on the installation of supplementary air conditioning units or other facilities in the Premises, ventilation including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. Tenant shall not use water or heat or air conditioning due to the arrangement in excess of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all that normally supplied by Landlord. Tenant’s telecommunications and data services at the Premises. Landlord consumption of electricity shall not be liable for any damages resulting from interruption of, or Tenantexceed the Building’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label capacity considering all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes tenants of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within if the Building that Premises is utilized made untenantable as a “server room” result of an interruption in electrical service as provided by Landlord pursuant to Paragraph 5(a) above, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of five (5) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the sixth (6th) consecutive business day of such interruption and ending on the day the utility or similar computer facilities service has been restored; provided, however, that primarily services in the business otherwise being conducted within event such interruption is not due to Landlord’s gross negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects or is entitled to collect proceeds under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish If electricity supplied to the Premises: (1) Sublet Premises is directly metered by the utility providing electricity to the Sublet premises, Sublessee shall pay the supplier for lighting and operation Sublessee’s electric service. If electricity supplied to the Sublet Premises is sub-metered, then Sublessor shall provide Sublessee with an invoice on a monthly basis showing in reasonable detail the computation of low-power usage office machines; (2) cold or tepid water charges for the prior month for electric service together with copies of applicable bills to points of supply in Sublessor from the Premises, if anyutility providing electric service, and Sublessee shall pay Sublessor or its designee for Sublessee’s electric service at rates no greater than the rates that Sublessee would have paid if metered directly to the Building restrooms, in volumes provided utility providing electricity to typical office tenants in the Building; (3) elevator service; and (4) janitorial services . Notwithstanding the foregoing, for the period from the Commencement Date until the date that the Sublet Premises shall be directly metered or sub-metered, Sublessee shall pay Sublessor for electric service on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition a monthly basis in amounts equal to Tenant’s payment for TenantSublessee’s Share (22.39%) of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord the sums incurred for electric service by Sublessor as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in shown on statements from the Premises at the rates charged for such services utility providing electric service to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at Notwithstanding any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and provision of this Sublease to the extent expressly provided in this Leasecontrary, at all times during the Term of this Lease, cleaning and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical janitorial service to the Premises. Tenant Sublet Premises shall cooperate be provided by Landlord in accordance with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and Cleaning Specifications attached to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises Prime Lease as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.Exhibit J.
(c) Tenant Sublessor agrees to provide at Sublessor’s expense (except for reimbursement of charges for issuance of access cards and except to the extent that such charges are payable by Sublessee pursuant to Section 4 of this Sublease) the security equipment and related services specified in Exhibit D hereto. Sublessee hereby acknowledges that the Premises, the Building such equipment is operated and/or the Project may become subject monitored by a recognized third party service provider and that Sublessor’s sole responsibility shall be to continue to engage a recognized third party service provider to operate and/or monitor such equipment. Subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Lawforegoing, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord Sublessor shall not be liable responsible for any loss (including, but providing security and shall not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability responsible for the failure to provide adequate heatingof any security equipment and/or monitoring service. Sublessee hereby assumes all responsibility for the protection of Sublessee, ventilation or air conditioning due to the arrangement its employees, agents, invitees and property from acts of partitioning in the Premises or changes thereto, or third parties. Sublessee shall give Sublessor prompt written notice of the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies any security equipment or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision monitoring service provided hereunder upon Sublessee obtaining actual knowledge of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosuresfailure.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) abovethe rent and additional rent as provided herein, the Tenant shall make all arrangements for and pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed utilities and services furnished to or used on or in the Premises at the rates charged request of the Tenant, including without limitation telephone, cable, and internet service, and hook-up and connection charges. In the event that the Tenant fails to pay any charges for such services utilities to the Building be paid by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right it pursuant to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during such payment may, but need not, be made by the Term Landlord and upon such payment, the amount paid by the Landlord plus fifteen percent (15%) for administration, shall be treated as additional rent due from and immediately payable by the Tenant to the Landlord hereunder. The Landlord shall provide heat and air conditioning as required for the comfortable occupancy of this Leasethe Demised Premises under normal business conditions, daily from 7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and Tenant shall have no right (holidays excepted. Further, the foregoing refers to heating and hereby waives air conditioning under normal use and does not include any right Tenant may otherwise have) (i) to contract with areas which develop excessive heat from machines, lights, or otherwise obtain any electric service for or with respect other sources. The air conditioning and heating in all such areas which require special treatment shall, upon the Landlord's written consent as to the Premises or Tenant’s operations therein from any provider of electric service other than design and quality thereof, be installed and paid for by the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate additional electrical or gas consumption shall be paid by the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service utility rates in effect from time to time. To the extent required to comply with LawThe Landlord may, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at its option, but at the Premises as shall be required from time Tenant's expense, install appropriate meters to time by properly record the Tenant's utility useage. The Tenant agrees to pay the Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect consumption in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability excess of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable consumption customary for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment tenants in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than for normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstructionbusiness hours.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws and 6.1 Landlord will arrange for the provisions furnishing of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish electricity to the Demised Premises: (1) . The usage of electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if anyDemised Premises will be separately metered, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay for such electricity usage at the applicable General (Secondary) Service Rate of The Detroit Edison Company, such charge for electricity to Landlord be payable, as Additional Rent and additional rent, in monthly installments payable within thirty (30) days following receipt of being billed thereforan invoice from Landlord.
6.2 Landlord shall furnish the Demised Premises with (a) heat, ventilation and air conditioning from 7:00 AM to 7:00 PM on weekdays, from 8:00 AM to 5:00 PM on Saturdays; provided that (i) Landlord shall not be required to provide heat, ventilation and air conditioning on New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas Day (collectively, "Legal Holidays"), (ii) Landlord shall not be required to provide heat, ventilation and air conditioning in violation of any applicable policies or regulations adopted by any utility or governmental agency, and (iii) Landlord shall not be required to install supplemental ventilation and air conditioning equipment to service the Demised Premises, (b) elevator service twenty-four hours a day, seven days a week, (c) domestic water in common with other tenants for all costs of electrical current consumed drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord in the Premises at common area restrooms and the rates charged Breakroom in the Demised Premises, and (d) janitorial services on weekday nights (excluding Legal Holidays) between the hours of 6:00 PM and 12:00 AM in accordance with Exhibit “D” attached hereto, provided, however, Landlord shall not be responsible for removal and disposal of trash in excess of that created as a result of normal office operations. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated or an actual or constructive eviction or partial eviction be deemed to have occurred by reason of any of the following (a “Service Interruption”): (1) the failure, interruption or malfunctioning of any electrical or mechanical equipment, utility or other service to the Building; (2) the installation, use or interruption of use, of any equipment in connection with the furnishing of any of the foregoing services as described in Section 6.1 and the preceding paragraph of this Section 6.2, (3) the failure to furnish or delay in furnishing any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the Demised Premises or to the Building by (provided that, to the municipality extent commercially reasonable, Landlord will endeavor to perform such repairs or improvements in a manner which will minimize any interference with business operations in the Demised Premises), or (4) any limitation, curtailment, rationing or restriction on use of water, electricity, steam, gas or any other form of energy serving the Demised Premises or the local public utilityBuilding. Tenant’s consumption Landlord shall use commercially reasonable efforts diligently to remedy any interruption in the furnishing of electricity shall not exceed such services. Notwithstanding the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlordpreceding paragraph, in the manner event that Tenant is prevented from using, and does not use, the Demised Premises or any portion thereof, for more than three (3) consecutive Business Days as a result of a Service Interruption caused by the negligence or willful act of Landlord, its agents, contractors or employees, then Tenant's Basic Rental and additional rent shall be abated or reduced, as the case may be, after expiration of the 3-day period for such time that Tenant continues to be so prevented from using the Demised Premises or a portion thereof, in the proportion that the rentable area of the portion of the Demised Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Demised Premises.
6.3 Tenant shall pay, as additional rent, the cost of providing (i) all heating, ventilating and air conditioning, including all related utility costs, to the Demised Premises in excess of that required to be provided by Landlord pursuant to Section 6.2 hereof, provided Landlord shall have no obligation to provide heating, ventilating or air conditioning to the extent expressly same cannot be provided in this Lease, at all times during utilizing the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or existing equipment servicing the Building, and (ii) reasonable access for janitorial service in excess of, or at different times than, the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, be provided by Landlord pursuant to Section 6.2 hereof. Tenant shall provide such information notify Landlord in writing at least one (1) Business Day prior to the time it requires heating, ventilating and specifications regarding Tenant’s use or projected use air conditioning during periods the same are not otherwise furnished by Landlord pursuant to Section 6.2 hereof. The charge for operating the base building HVAC system on the second floor of electricity at the Premises as Building in excess of the hours set forth in Section 6.2 hereof shall be required from time (i) $45.00 per hour during the period beginning on November 1 and ending on March 31, and (ii) $75.00 per hour during the period beginning on April 1 and ending on October 31, provided that the foregoing charges shall be adjusted on January 1, 2024 and on January 1 of each year thereafter based upon any increase in the cost of electricity.
7.1 Landlord shall maintain the following in good order and condition comparable to time by Landlord or other first-class buildings in the Electric Service Provider to efficiently provide electrical service to Xxxx office market: (i) the Premises or common areas, including any lobbies, stairs, elevators, corridors, and restrooms, (ii) the Building. In no event shall Landlord be liable or responsible for any losswindows and exterior walls, damageroofs, expense or liabilityfoundations, including, but not limited to, loss and structure of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any changeand (iii) the mechanical heating, failureventilation, interferenceair-conditioning, disruptionfire protection, or defect in the supply or character of the plumbing, electrical service furnished to the Premises or equipment, and life safety systems servicing the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure be required to provide adequate heating, ventilation or air conditioning due make all repairs to the arrangement Demised Premises (a) which are necessitated by the negligence or willful act of partitioning in the Premises Landlord or changes theretoLandlord’s agents, employees, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption ofcontractors, or Tenant’s inability to receive such service(b) which constitute structural repair and/or replacement work. Notwithstanding the foregoing, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Leaseexcept as otherwise provided in Article 11 hereof, Tenant shall remove all such cabling, wiring and equipment and restore pay the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use cost of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable repairs to the Building or Landlordthe Demised Premises to the extent occasioned by the negligence, willful act, or default of Tenant, its agents, employees, invitees, and contractors. All such work shall be performed promptly and in a manner which, to the extent reasonably possible, minimizes any interruptions or interference with Xxxxxx’s ownership thereof. If operations in the Demised Premises.
7.2 Subject to the provisions of Section 7.1 hereof, Tenant shall keep the Demised Premises and every part thereof in good condition and repair, including (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant special equipment installed in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipmentDemised Premises by Tenant, such as server rackssupplemental air conditioning equipment, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.and
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws Tenant shall be responsible for and the provisions of this Xxxxxxxxx 0shall pay promptly, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish directly to the Premises: (1) electricity appropriate supplier, all charges for lighting water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and operation of low-power usage office machines; (2) cold all other utilities, materials and services furnished directly to Tenant or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises or used by Tenant in, on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordor about the Premises during the Term, together with any taxes thereon. In addition If any utilities or services are not separately metered or assessed to Tenant’s payment for , Landlord shall make a reasonable determination of Tenant’s Share proportionate share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent the cost of such utilities and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Leaseservices, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) pay such amount to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providersLandlord, as the case may be, for the furnishing, installation and maintenance an item of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shalladditional rent, within ten (10) days after request 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 ten (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, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, provide consumption data “after hours” shall mean more than sixty-six (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 a form reasonably required by Landlord, addition to the extent applicable electricity charges paid to the provision utility provider) of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practicesfollowing described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC units, the Green Building Standards or otherwise(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. Landlord shall not be required liable for damages or otherwise for any failure or interruption of any utility or other service furnished to notify the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or axxxx any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities and services to Tenant, including, without limitation, telephone lines, may be charged to Tenant. Notwithstanding the foregoing, if as a result of the making direct actions of Required Energy DisclosuresLandlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that to if Landlord is diligently pursuing the extent disclosure to Tenant is required by applicable Lawsrepair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, such disclosure may as for example, bringing in portable air-conditioning equipment, then there shall not be satisfied by making Required Energy Disclosures available for review by Tenant an abatement of Basic Rent. The foregoing provisions shall be Tenant’s sole recourse and remedy in the Building management office. Tenant hereby releases Landlord from any claimsevent of such an interruption of services, lossesand shall not apply in case of the actions of parties other than Landlord, costsits employees, damagescontractors or authorized agents, expenses and liabilities arising out or in the case of damage to, or destruction of, resulting from, or otherwise relating to the making Premises (which shall be governed by the provisions of any Required Energy DisclosuresArticle XI of the Lease).
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease (Sonics, Inc.)
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise havei) (i) to contract with or otherwise obtain any electric service for or with respect Tenant shall be permitted access to the Premises or Tenant’s operations therein from any provider of electric service other than and parking facilities serving the Electric Service ProviderPremises during the Term on a twenty-four (24) hours per day, or seven (7) days per week basis.
(ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the The Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents ("HVAC"), at comfortable temperatures consistent with the operation of comparable first-class office buildings in the vicinity of the Building ("Comparable Buildings") during the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, and (if requested by Tenant in writing at least one (1) business day in advance) 9:00 a.m. to 1:00 p.m. on Saturday, excluding Holidays (such hours are collectively referred to herein as "Building Hours"). As used herein, "Holidays" shall include New Year's Day, Washington's Birthday (observed), Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas and any other national or state holiday customarily recognized by operators of Comparable Buildings. If requested by Tenant in writing at least one (1) business day in advance, HVAC service shall be provided to the Premises free other than during Building Hours (for a minimum period of obstruction.
three (f3) consecutive hours at a time), provided that Tenant shall separately arrange pay to Landlord for each such hour of HVAC service during non-Building Hours, the then prevailing charge by Landlord for such service, which is currently $55.00 per hour. Amounts payable by Tenant hereunder shall be paid as additional rent within fifteen (15) days following Tenant's receipt of Landlord's billing therefor. Tenant agrees to reasonably cooperate with Landlord, and to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of the Building HVAC system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the Building chilled and hot water air conditioning supply lines. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter mechanical installations or facilities of the Building or Project or unreasonably tamper with, touch or otherwise affect said installations or facilities. The cost of maintenance and pay directly toservice calls to adjust and regulate the HVAC system shall be charged to Tenant if the need for maintenance work results from either Tenant's unreasonably tampering with room thermostats, defects in the applicable telecommunications and data companies or providers, HVAC system as the case may be, for the furnishing, installation and maintenance of all installed by Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability 's failure to receive such service, and any such inability shall not relieve Tenant of any of comply with its obligations under this Lease. Tenant shall label all telephone, computerSection 14, or other data cabling at the time Tenant's heat or cold generation in excess of installation. Tenant shall be responsible, at Tenant’s expense, that which is customary for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereofgeneral office use.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Office Lease (Tix CORP)
Utilities and Services. (a) Subject to applicable Laws Tenant shall be responsible for and the provisions of this Xxxxxxxxx 0shall pay promptly, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish directly to the Premises: appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, 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. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (110) electricity for lighting and operation business days after receipt of low-power usage office machines; (2) cold Landlord's statement or tepid water invoice therefor. Alternatively, Landlord may elect to points of supply include such cost in the Premises, if any, and to the Building restrooms, definition of Project Costs in volumes provided to typical office tenants which event Tenant shall pay Tenant's proportionate share of such costs in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordmanner set forth in Section 4.2. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall also pay to Landlord as Additional Rent and an item of additional rent, within thirty ten (3010) business days after receipt of being billed 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 all costs "after hours" usage by Tenant of electrical current consumed each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Premises at 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, and before 9:00 A.M. or after 1:00 P.M. on Saturdays, subject to reasonable adjustment of said hours by Landlord. If the rates charged HVAC unit(s) serve only the Premises, "after hours" shall mean more than sixty-six (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 such services each hour of "after hours" use (in addition to the Building by the municipality or the local public utility. Tenant’s consumption of applicable electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and charges paid to the extent expressly provided in this Lease, at all times during utility provider) of the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) following described HVAC units: (i) to contract with or otherwise obtain any electric service $5.00 per hour for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider1-5 ton HVAC units, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider $7.50 per hour for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, 6-30 ton HVAC units and (iiiii) reasonable access $10.00 per hour for the purpose HVAC units of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other greater than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises30 tons. Landlord shall not be liable for damages or otherwise for any damages resulting from failure or interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, utility or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied service furnished to the Premises, then and no such failure or interruption shall be deemed an eviction or entitle Tenant shallto terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, within ten (10) days after request maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities and services to Tenant, including, without limitation, telephone lines, may be charged to Tenant. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, provide consumption data in its employees or agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a form reasonably required portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by LandlordTenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant that less than all of the making of Required Energy DisclosuresPremises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that to if Landlord is diligently pursuing the extent disclosure to Tenant is required by applicable Lawsrepair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, such disclosure may as for example, bringing in portable air-conditioning equipment, then there shall not be satisfied by making Required Energy Disclosures available for review by Tenant an abatement of Basic Rent. The foregoing provisions shall be Tenant's sole recourse and remedy in the Building management office. Tenant hereby releases Landlord from any claimsevent of such an interruption of services, lossesand shall not apply in case of the actions of parties other than Landlord, costsits employees or agents, damagesor in the case of damage to, expenses and liabilities arising out or destruction of, resulting from, or otherwise relating to the making Premises (which shall be governed by the provisions of any Required Energy DisclosuresArticle XI of the Lease).
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease Agreement (Hireright Inc)
Utilities and Services. SECTION 6.1 Landlord will arrange to have furnished to the Building and/or Demised Premises, as applicable, the following services, utilities, supplies and facilities: 9
(a) Subject to applicable Laws Passenger elevator service, if applicable, operated automatically or manually, provided that Landlord may remove elevators from service temporarily for purposes of moving freight and/or repair and maintenance.
(b) Heat, hot and cold water, year round ventilation, and air conditioning and heat during the provisions of this Xxxxxxxxx 0seasons when they are required, Xxxxxxxx shall furnish or make customary arrangements as determined in Landlord's reasonable judgment but consistent with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage Class A office machines; building. Heating, ventilation and air conditioning (2"HVAC") cold will be provided during Building Hours only. Landlord will furnish HVAC beyond the Building Hours, provided that notice requesting such service is delivered to Landlord before noon on the business day when such service is required for that evening, and by noon of the preceding business day when such service is required on a Saturday, Sunday or tepid water to points holiday. Landlord's charge for supplying such additional service will be paid by Tenant (for each HVAC zone of supply in the Demised Premises, if any, and applicable) at the HVAC Overtime Rate which will be subject to the Building restrooms, in volumes provided change by Landlord from time to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises time on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed thereforprior written notice to Tenant and will be based upon Landlord's actual cost for supplying HVAC to Tenant, for all costs of electrical current consumed in the Premises at the rates charged for such services actual cost to include: 1) cost to the Building by utility company; 2) cost of allocation of depreciating the municipality or HVAC system and 3) cost of allocation of service contracts, systems repair and maintenance. Landlord will bill Xxxant for HVAC overtime charges and will submit with its invoice a tabulation of the local public utilityhours and the dates in which the overtime HVAC was furnished. Tenant’s consumption Tenant will reimburse Landlord therefore (as additional rent) within fifteen (15) days after receipt of electricity shall not exceed the Building’s capacityLandlord's invoice.
(c) In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electrical service, Tenant will not, without Landlord's prior written consent in each instance, (i) connect any additional fixtures, appliances or equipment to the electric distribution system other than (a) the lighting in accordance with the Tenant Plans approved by Landlord and (b) lamps, electric typewriters, word processors, personal computers, calculators, copy machines, state of the art office equipment and other small office machines, and kitchen equipment, or (ii) make any alteration or addition to the electric system. Should Landlord grant such consent, all additional risers or other equipment required therefore will be provided by Landlord and the charges therefore will be paid by Tenant upon Landlord's demand.
(d) Removal of ice and snow from the walks, drives and parking facilities during Building Hours within a reasonable time after accumulation thereof.
(e) Maintenance of the Common Facilities and cleaning and janitorial service for the Demised Premises after 6:00 p.m. Monday through Friday (excluding holidays), as provided in Exhibit E. If at any time Tenant's use of any utility service (if any utility is not directly metered or paid by Tenant to the utility authorized providing such service) or if Tenant's use of any available Building service exceeds Tenant's Pro Rata Share of the Building Operating Expenses, Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service bill Xxxant separately for the Premises only from and through cost of such service or usage, but without markup or profit to Landlord. Such usage will be calculated at Landlord's option by the use of checkmeters, survey or specific invoicing by outside vendors. Subject to the provisions of Section 6.2, Landlord represents that the HVAC System is capable of maintaining heat at a minimum of 66(degrees) in the manner Demised Premises when the outdoor temperature is 14(degrees) F. and to the extent expressly provided in this Lease, air conditioning at all times during the Term a minimum of this Lease, 78(degrees) F. dry bulb and Tenant shall have no right (67(degrees) F. wet bulb and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect a 50 percent humidity in the supply or character of Demised Premises when the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Leaseoutdoor temperature is 91(degrees) F. dry bulb and 76(degrees) F. wet bulb during summer months.
(c) SECTION 6.2 Tenant acknowledges expressly agrees that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall will not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability responsible for the failure of supply to provide adequate heatingTenant of any of the aforesaid or any other utility or service, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. nor will Landlord shall not be liable for any damages resulting from, nor there be any abatement of rent or additional rent as a result of such failure. Notwithstanding the foregoing, if such failure of supply results from interruption of, or Tenant’s inability to receive such service, Landlord's negligence and any such inability shall not relieve the Demised Premises thereby becomes untenantable for five (5) consecutive days after notice from Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at specifying the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all basis of Tenant’s telephones's claim, telecopiers, computers, telephone switching, telephone panels then from and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to after the expiration of this Lease or within ten said five (105) after day period and until such failure is cured, Tenant's Base Rent will be abated in such proportion as the earlier expiration usable square footage of this Lease, prior the portion of the Demised Premises which becomes untenantable bears to the expiration total usable square footage of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Demised Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that that: (a) Tenant, upon serving upon Landlord any notice pursuant to this Section 6.2, will also serve a copy of such notice upon the Mortgagee, and no notice by Tenant to Landlord hereunder will be deemed to have been duly given unless and until a copy thereof has been so served; and (b) Mortgagee will have the right to cure such failure, or cause same to be cured, and Tenant Will accept such cure by or at the instance of Mortgagee as if the same had been made by the Landlord. Notwithstanding the foregoing, should such utility failure be due to the extent disclosure negligence of Landlord, its agents, employees or contractors, the five (5) day time period shall be reduced to one (1) business day. Landlord will use reasonable efforts to correct any utility failure promptly.
SECTION 6.3 Landlord and Tenant will comply with any applicable energy or water conservation measures, voluntary or mandatory, which may be imposed by any federal, state, county or municipal governmental agency, including, without limitation, limits on permitted HVAC temperature settings, requirements limiting volume of consumption or curtailment of Building Hours. The effect of such compliance will not be deemed an eviction, actual or constructive, or a breach of the provisions of this Lease which will be suspended, as necessary, for the period(s) during which such conservation measures are in effect.
SECTION 6.4 Landlord represents that there is telephone service available in the Building, but Tenant is required by applicable Laws, responsible for bringing such disclosure may be satisfied by making Required Energy Disclosures available service to the Demised Premises and for review by Tenant in the Building management officeany in-premises setup of telephone service. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses will arrange for and liabilities arising out of, resulting from, or otherwise relating pay for its telephone service directly to the making of any Required Energy Disclosurestelephone company.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject Lessor agrees, at its expense, to applicable Laws continuously furnish water, sewer, electricity, elevator service, heat and air conditioning customary for building of the provisions of this Xxxxxxxxx 0same nature, Xxxxxxxx shall furnish or make customary arrangements with utility use, class and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in location as the Building; (3) elevator service; . Janitorial service and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses trash removal will be provided in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days the regular schedule of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to which may change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as time. Lessee shall comply with all government laws or regulations regarding the “Electric Service Provider”)use or reduction of use of utilities on the Premises. Tenant Lessee acknowledges and agrees that the building shall obtain be locked between the hours of 6:00 PM and accept electric service for the Premises only from 7:30 AM and through Landlord, that a receptionist shall be on duty in the manner and to the extent expressly provided in this Leasemain lobby during normal business hours of operation Monday through Friday, at all times during the Term of this Leaseexcept holidays, and Tenant that the foregoing shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or constitute the sole security with respect to the Premises or Tenant’s operations therein from any provider provided by Lessor. Interruption of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord utilities shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction or disturbance of Tenant or relieve Tenant from any Lessee's use and possession of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
render Lessor liable to Lessee for damages (e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment other than in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning event such interruption is due to the arrangement negligence or wilful misconduct of partitioning in the Premises or changes theretoLessor) or, or the failure except as specifically provided herein, relieve Lessee from performance of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its Lessee's obligations under this Lease. Tenant Lessor shall label take all telephonereasonable steps to correct any interruptions in services. Lessee shall provide its own protection for power furnished to computers and other equipment. Notwithstanding the foregoing, computerin the event services or utilities are interrupted for a period of more than three (3) consecutive days, or other data cabling at the time of installation. Tenant rent due from Lessee shall be responsibleabated in its entirety from and after such three day period unless and until such services are restored. Lessor shall further make available to Lessee throughout the Term hereof, at Tenant’s expensethe telephone equipment, for any including the switching systems and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding as well as the condition, security, or suitability for Tenant’s purposes services of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirementsLessor's receptionist, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to currently located at the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure replacement equipment as may be satisfied acquired by making Required Energy Disclosures available for review by Tenant in Lessor at any time during the Building management office. Tenant hereby releases Landlord from any claimsTerm, losses, costs, damages, expenses and liabilities arising out of, resulting from, provided such replacement equipment does not reduce or otherwise relating adversely affect the telephone service available to the making Lessee. Lessee shall pay all costs and expenses of telephone services provided to Lessee by third party providers, including all local and long distance calls made by Lessee or its employees and a pro rata share of any Required Energy Disclosuresservice maintenance fees charged to Lessor.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx a. Landlord shall furnish or make customary arrangements with utility the following utilities and service providers to furnish services to the Premises: electric current (1) electricity for lighting and operation of lownormal desk-power usage type office machines); (2) cold or tepid water to points water; lavatory supplies; heat and air-conditioning during the appropriate seasons of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Buildingyear as reasonably required; (3) elevator service; and trash removal, cleaning and char service (4) janitorial services for the Premises on weekdays after normal business hours Monday through Friday, excluding Holidays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”hereinafter defined)). Tenant shall obtain Heating and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as air conditioning shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises only during normal business hours (I.E., Monday through Friday 8:00 a.m. to 6:00 p.m., and Saturday 8:00 a.m. to 1:00 p.m., excluding Holidays). As used herein, the term "Holidays" shall mean New Year's Day, Xxxxxx Xxxxxx Xxxx'x Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day. At times other than the normal business hours and days aforesaid, central air conditioning and heating shall be provided to Tenant upon at least twenty-four (24) hours' prior notice from Tenant, and upon payment by Tenant of the hourly charge established by Landlord for each hour (or a portion thereof) of after-hours usage. All light bulbs and tubes in the Premises shall be replaced at Tenant's expense. In addition, Landlord may impose a reasonable additional charge for any additional or unusual services required to be provided by Landlord to Tenant because of the carelessness of Tenant, the nature of Tenant's business or the Building, whether resulting removal of any refuse and rubbish from any change, failure, interference, disruption, or defect the Premises except for discarded material placed in the supply or character wastepaper baskets and left for emptying as an incident to Tenant's normal cleaning of the electrical service furnished Premises. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, Landlord shall have no liability to the Premises Tenant for such suspension or the Buildingcurtailment or due to any restrictions on use arising therefrom or relating thereto, and Landlord shall proceed diligently to restore such service. No interruption or arising from the partial or total unavailability malfunction of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability services shall constitute an actual or constructive eviction or disturbance of Tenant, or entitle Tenant to any abatement or diminution 's use and possession of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or or the Project may become subject to parking garage or parking areas in or around the rationing of Utility services Building or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented constitute a breach by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. hereunder or render Landlord liable for damages or entitle Tenant shall label all telephone, computer, to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rent) or grant Tenant any right of setoff or claim against Landlord or constitute a constructive or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all eviction of Tenant’s telephones. Notwithstanding the foregoing, telecopiers, computers, telephone switching, telephone panels and related equipment. in the event such interruption or cessation of services required to be furnished by Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety hereunder: (90i) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use not caused by Tenant, either individually its employees, agents, contractors, or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or invitees; (ii) Landlord is not responsible renders the Premises untenantable for reading any submetered or separately metered utility supplied Tenant's business use therein; and (iii) exists for more than seven (7) consecutive days, then, provided Tenant in fact ceases to use the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to Premises during the extent the provision entirety of such data is required by Law period of cessation or interruption, Monthly Base Rent and Additional Rent hereunder shall xxxxx from the day after Tenant vacates the Premises until such time as the service which was interrupted has been restored. The foregoing abatement of Monthly Base Rent and Additional Rent shall be Tenant's sole and exclusive remedy resulting from such cessation or interruption, and Landlord and Tenant agree that Landlord's inability to be disclosed or Landlord otherwise reasonably requests furnish such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord services shall not be required deemed to notify be a constructive eviction of Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” In the event of any such interruption, Landlord shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped use reasonable diligence to meet the needs of high-density computing equipment, restore such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premisesservices.
Appears in 1 contract
Samples: Deed of Lease (Universal Access Inc)
Utilities and Services. (a) Subject If Sublessee wishes to applicable Laws have after hours utility service, Sublessee shall pay Sublessor all costs and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers charges therefor as Sublessor is required to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in under the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityLease.
(b) Sublessor shall cause the Landlord reserves the right to change the electricity provider and to provide electricity the following services:
(or supplemental electricity1) from alternative energy sourcesAccess to the Building twenty-four (24) hours a day, e.g.seven (7) days a week, solar panelswith a “Kastle” access control system, subject to Landlord’s rules pertaining to such access and use. Sublessor shall provide Sublessee, at any time no charge, with reasonable quantities of access cards upon commencement of the Sublease.
(2) On-site maintenance office hours are from 7:00 a.m. to 3:30 p.m., Monday through Friday.
(3) Standard building cleaning services are provided five (5) days a week, excluding holidays.
(4) Heating, ventilating and from time air-conditioning are provided Monday through Friday, 7:30 a.m. to time in Landlord’s sole discretion 6:00 p.m., and on Saturday, 8:00 a.m. to 1:00 p.m. (any such provider being referred to herein as the “Electric Service Provider”excluding holidays). Arrangements can be made for after-hours usage. Tenant shall obtain and accept electric service be charged Landlord’s standard charge for the Premises only from and through Landlordafter-hours HVAC services, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Leasecurrently $35.00 per hour.
(c) Tenant acknowledges that Notwithstanding the permitted use set forth herein, Sublessee shall not use Building utilities or services in excess of those used by the average office building tenant using its premises for ordinary office use. Sublessee shall not install at the Sublet Premises office machines, lighting fixtures or other equipment which will generate above average heat, noise or vibration at the Sublet Premises or which will adversely effect the temperature maintained by the HVAC system. If Sublessee does use Building utilities or services in excess of those used by the average office building tenant, and Sublessor provides documented proof of such excess, Sublessor shall have the right, in addition to any other rights or remedies it may have under this Lease, to (a) at Sublessee’s expense, install separate metering devices at the Sublet Premises, and to charge Sublessee for its usage and reduce Sublessee’s Base Rent by the Building and/or then existing per square foot amount of the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. TenantBuilding’s tenancy utilities and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Lawservices, and Tenant shall in no event be excused or relieved from any covenant or obligation (b) require Sublessee to be kept or performed pay to Sublessor all costs, expenses and damages incurred by Tenant by reason Sublessor as a result of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Lawsusage.
(d) It is understood and agreed that Sublessor and Sublessee have entered into this Sublease on the express understanding and agreement that Landlord and Sublessor shall not have any liability to Sublessee whatsoever as a result of utility failure, or Landlord’s failure or inability to furnish any services of any kind whatsoever to the Sublessor, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. Any such failure or inability to furnish the utilities or service required hereunder shall not be liable considered an eviction, actual or constructive, of Sublessee from the Sublet Premises and shall not entitle Sublessee to terminate this Sublease or to an abatement of any rent payable hereunder. Notwithstanding, Sublessor shall use commercially reasonable efforts to assist Sublessee in obtaining such utilities and services for any loss the Sublet Premises. In the event utility services are interrupted for three (including3) days or more, but not limited to, any injury or damage to or interference with Tenantthe Sublessee’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events rent shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, abated until such time as the case may be, for as the furnishing, installation and maintenance of all Tenant’s telecommunications and data interrupted utility services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereofare restored.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject Tenant shall be responsible for and shall pay promptly, directly to applicable Laws and the provisions of this Xxxxxxxxx 0appropriate supplier, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish all charges for electricity metered to the Premises: (1) electricity for lighting , telephone, telecommunications service, janitorial service, interior landscape maintenance and operation of low-power usage office machines; (2) cold all other utilities, materials and services furnished directly to Tenant or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed used by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon on or about the PremisesPremises during the Term, together with any taxes thereon. Landlord represents and warrants that it has granted the Building, or the Project.
(e) Landlord makes no representation with respect necessary easements to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability various utility companies as necessary for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data use such services at from the Premises. Landlord shall not be liable for any damages resulting from interruption of, or make a reasonable determination of Tenant’s inability proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to receive such servicethe Premises and services, and any Tenant shall pay such inability 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 not relieve Tenant pay Tenant’s proportionate share of any of its obligations under this Leasesuch costs in the manner set forth in Section 4.2. Tenant shall label all telephonealso pay to Landlord as an item of additional rent, computerwithin 10 days after delivery of Landlord’s statement or invoice therefor, or other data cabling at the time of installation. Tenant Landlord’s “standard charges” (as hereinafter defined, which shall be responsiblein 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, at Tenant’s expense“after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, for any before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all of Tenant’s telephonesday on Sundays and nationally-recognized holidays, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use reasonable adjustment of said hours by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (ithe HVAC unit(s) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to serve only the Premises, then Tenant shall, within ten (10) days “after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Centerhours” shall have mean more than 66 hours of usage during any week during the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processingTerm. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. SECTION 6.1 Landlord will arrange to have furnished to the Building and/or Demised Premises, as applicable, the following services, utilities, supplies and facilities:
(a) Subject Passenger elevator service, if applicable, operated automatically or manually, provided that Landlord may remove elevators from service temporarily for purposes of moving freight and/or repair and maintenance.
(b) Heat, hot and cold water, year round ventilation, and air conditioning and heat during the seasons when they are required, as determined in Landlord's reasonable judgment. Heating, ventilation and air conditioning ("HVAC") will be provided during Building Hours only. Landlord will furnish HVAC beyond the Building Hours, provided that notice requesting such service is delivered to applicable Laws Landlord before noon on the business day when such service is required for that evening, and by noon of the provisions preceding business day when such service is required on a Saturday, Sunday or holiday. Landlord's charge for supplying such additional service will be paid by Tenant (for each HVAC zone of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Demised Premises, if anyapplicable) at the HVAC Overtime Rate, and which will be subject to the Building restrooms, in volumes provided change by Landlord from time to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises time on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days prior written notice to Tenant. Landlord will bill Xxxant for HVAC overtime charges and will submit with its invoice a tabulation of being billed therefor, for all costs the hours and the dates in which the overtime HVAC was furnished. Tenant will reimburse Landlord therefore (as additional rent) within fifteen (15) days after receipt of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityLandlord's invoice.
(c) Reasonably adequate electrical service, provided that Tenant's use of electrical energy in the Demised Premises will not at any time exceed the Rated Capacity of Electrical Service applicable to the conductors and other electrical equipment in or servicing the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electrical service, Tenant will not, without Landlord's prior written consent in each instance, (i) connect any additional fixtures, appliances or equipment to the electric distribution system other than (a) the lighting in accordance with the Tenant Plans approved by Landlord and (b) electric typewriters, word processors, personal computers, calculators, copy machines, state of the art office equipment and other small office machines, or (ii) make any alteration or addition to the electric system. Should Landlord grant such consent, all additional risers or other equipment required therefore will be provided by Landlord and the charges therefore will be paid by Tenant upon Landlord's demand. As a condition of granting such consent, Landlord may require Tenant to pay an increase in the Base Rent in an amount which will reflect the value to Tenant of the additional service to be furnished by Landlord, i.e., the potential additional electrical energy to be made available to Tenant based upon the estimated additional capacity of such additional risers or other equipment. When the amount of such increase is determined, the parties will execute a lease amendment to reflect the increase in the amount of Base Rent which will be effective from the date such additional service is made available to Tenant.
(d) Removal of ice and snow from the walks, drives and parking facilities during Building Hours within a reasonable time after accumulation thereof.
(e) Maintenance of the Common Facilities and cleaning and janitorial service for the Demised Premises after 6:00 p.m. Monday through Friday (excluding holidays), as provided in Exhibit E. If at any time Tenant's use of any utility service (if any utility is not directly metered or paid by Tenant to the utility authorized providing such service) or if Tenant's use of any available Building service exceeds Tenant's Pro Rata Share of the Building Operating Expenses, Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service bill Xxxant separately for the Premises only from and through cost of such service or usage. Such usage will be calculated at Landlord, in 's option by the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time checkmeters, survey or specific invoicing by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Leaseoutside vendors.
(c) SECTION 6.2 Tenant acknowledges expressly agrees that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall will not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability responsible for the failure of supply to provide adequate heatingTenant of any of the aforesaid or any other utility or service, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. nor will Landlord shall not be liable for any damages resulting from, nor there be any abatement of rent or additional rent as a result of such failure. Notwithstanding the foregoing, if such failure of supply results from interruption of, or Tenant’s inability to receive such service, Landlord's negligence and any such inability shall not relieve the Demised Premises thereby becomes untenantable for fifteen (15) consecutive days after notice from Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at specifying the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all basis of Tenant’s telephones's claim, telecopiers, computers, telephone switching, telephone panels then from and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to after the expiration of this Lease or within ten said fifteen (1015) after day period and until such failure is cured, Tenant's Base Rent will be abated in such proportion as the earlier expiration usable square footage of this Lease, prior the portion of the Demised Premises which becomes untenantable bears to the expiration total usable square footage of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Demised Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that:
(a) Tenant, upon serving upon Landlord any notice pursuant to this Section 6.2, will also serve a copy of such notice upon the Mortgagee, and no notice by Tenant to Landlord hereunder will be deemed to have been duly given unless and until a copy thereof has been so served; and
(b) Mortgagee will have the right to cure such failure, or cause same to be cured, and Tenant will accept such cure by or at the instance of Mortgagee as if the same had been made by the Landlord.
SECTION 6.3 Landlord and Tenant will comply with any applicable energy or water conservation measures, voluntary or mandatory, which may be imposed by any federal, state, county or municipal governmental agency, including, without limitation, limits on permitted HVAC temperature settings, requirements limiting volume of consumption or curtailment of Building Hours. The effect of such compliance will not be deemed an eviction, actual or constructive, or a breach of the provisions of this Lease which will be suspended, as necessary, for the period(s) during which such conservation measures are in effect.
SECTION 6.4 Landlord represents that there is telephone service available in the Building, but Tenant is responsible for bringing such service to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available Demised Premises and for review by Tenant in the Building management officeany in-premises setup of telephone service. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses will arrange for and liabilities arising out of, resulting from, or otherwise relating pay for its telephone service directly to the making of any Required Energy Disclosurestelephone company.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws Tenant shall be responsible for and the provisions of this Xxxxxxxxx 0shall pay promptly, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish directly to the Premises: (1) electricity appropriate supplier, all charges for lighting water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and operation of low-power usage office machines; (2) cold all other utilities, materials and services furnished directly to Tenant or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises or used by Tenant in, on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordor about the Premises during the Term, together with any taxes thereon. In addition If any utilities or services are not separately metered or assessed to Tenant’s payment for , Landlord shall make a reasonable determination of Tenant’s Share 's proportionate share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent the cost of such utilities and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Leaseservices, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) pay such amount to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providersLandlord, as the case may be, for the furnishing, installation and maintenance an item of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shalladditional rent, within ten (10) days after request receipt 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 ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage 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 or after the hours of 6:00 A.M. to 6:00 P.M. on Mondays through Fridays, and for more than four (4) hours at any time during any weekend period (that is, from midnight on Friday through midnight on Sunday), subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, provide consumption data in “after hours” shall mean more than two hundred eighty-three (283) hours of usage during any month during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a form reasonably required by Landlord“non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the extent Premises, or of the provision applicable unit during other periods of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwiseTerm). Landlord shall not be required to notify Tenant liable for damages or otherwise for any failure or interruption of the making of Required Energy Disclosures; provided, however, that any utility or other service furnished to the extent disclosure Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or abate any rent due hereunder. Landlord shall at all reasonable times have free access to the Bxxxxxng and, upon at least 24 hours prior written or oral notice (except in emergencies when no notice shall be required), to the Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant is required acknowledges that the costs incurred by applicable LawsLandlord related to providing above-standard utilities to Tenant, such disclosure including, without limitation, telephone lines, may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating charged to the making of any Required Energy DisclosuresTenant.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx a. Landlord shall furnish or make customary arrangements with utility the following utilities and service providers to furnish services to the Premises: (1) electricity for lighting water; lavatory supplies; snow and operation of low-power usage office machines; (2) cold or tepid water to points of supply in ice removal from the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in common areas outside the Building; (3) washing of exterior windows at least once a year; heat and air-conditioning during the appropriate seasons of the year as reasonably required to provide a reasonably comfortable work environment; elevator service; mail delivery from a post office box maintained by Landlord in Princeton, New Jersey; and cleaning service (4which work will be performed after Normal Business Hours (hereinafter defined) janitorial services for the Premises on weekdays (Monday through Friday only, excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”Holidays). Tenant shall obtain Heating and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as air-conditioning shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises only during Normal Business Hours (hereinafter defined). As used herein, the term "Normal Business Hours" means Monday through Friday 8:00 a.m. to 6:00 p.m., exclusive of Holidays (hereinafter defined). As used herein, the term "Holidays" means federal legal public holidays. At times other than Normal Business Hours, central air conditioning and heating shall be provided to Tenant upon at least twenty-four (24) hours' prior notice from Tenant, and upon payment by Tenant of an initial hourly charge of Seventy-Five and No/100 Dollars ($75.00) for each hour (or a portion thereof) of after-hours usage, such rate being subject to change at Landlord’s discretion. In addition, Landlord may impose a reasonable additional charge for any additional or unusual services required to be provided by Landlord to Tenant because of the carelessness of Tenant, the nature of Tenant's business or the Building, whether resulting removal of any refuse and rubbish from any change, failure, interference, disruption, or defect the Premises except for discarded material placed in the supply or character wastepaper baskets and left for emptying as an incident to Tenant's normal cleaning of the electrical service furnished Premises. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, Landlord shall have no liability to the Premises Tenant for such suspension or the Buildingcurtailment or due to any restrictions on use arising therefrom or relating thereto, and Landlord shall proceed diligently to restore such service. No interruption or arising from the partial or total unavailability malfunction of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability services shall constitute an actual or constructive eviction or disturbance of Tenant, or entitle Tenant to any abatement or diminution 's use and possession of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning Building or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, a breach by Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. hereunder or render Landlord liable for damages or entitle Tenant shall label all telephone, computer, to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rent) or grant Tenant any right of setoff or claim against Landlord or constitute a constructive or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all eviction of Tenant’s telephones. In the event of any such interruption, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required use reasonable diligence to notify Tenant of the making of Required Energy Disclosuresrestore such services. 23 Orchard Lease; providedPrimus Therapeutics 10 The Xxxxxxxx Law Offices, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.P.C.
Appears in 1 contract
Utilities and Services. (a) Subject Provided that Tenant is not in default hereunder, Landlord agrees to applicable Laws furnish or cause to be furnished to the Premises, the utilities and services described, subject to the conditions and in accordance with the standards set forth below:
(i) Landlord shall provide automatic elevator facilities Monday through Friday, excepting therefrom all holidays recognized by Landlord, hereinafter collectively referred to as "generally accepted business days," from 8:00 a.m. to 6:00 p.m., and on Saturdays from 8:00 a.m. to 12:00 noon, and have at least one elevator available for use at all other times.
(ii) On generally accepted business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 noon (and at other times for a reasonable additional charge to be fixed by Landlord), Landlord shall ventilate the Premises and furnish air conditioning when in the judgment of Landlord it is required for the comfortable occupancy of the Premises during such days and hours, subject to any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies or cooperative organizations. Landlord shall make available at Tenant's expense after-hours power, including light, and air conditioning to each floor of the Building which shall be controlled by a key and metering system, digital control system or other central control system selected by Landlord. Minimum use of after-hours power, heat and air conditioning, the costs thereof and the provisions of this Xxxxxxxxx 0prior notice required for such services shall be determined from time to time by Landlord and confirmed in writing to Tenant, Xxxxxxxx as the same may change from time to time.
(iii) Landlord shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: Premises at all times, subject to interruptions beyond Landlord's control, electric current as required by the building standard office lighting (approximately two (2) xxxxx per square foot) and receptacles (approximately one (1) electricity watt per square foot). At all times Tenant's use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation. Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises without the prior written consent of Landlord.
(iv) Landlord shall furnish water for lighting drinking, cleaning and operation of low-power usage office machines; lavatory purposes only.
(2v) cold or tepid water Landlord shall provide janitorial services to points of supply in the Premises, if anyeach evening, and to five (5) days per week (except for the Building restroomsholidays), in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) abovethe specifications attached hereto as Exhibit "E", provided the Premises are used exclusively as offices and customary ancillary uses and are kept reasonably in order by Tenant. Landlord shall not be responsible or liable for any act or omission or commission on the part of the persons employed to perform said janitorial services, which shall be performed at Landlord's direction without interference by Tenant or Tenant's employees, agents, contractors, licensees, directors, officers, partners, trustees, visitors or invitees (collectively, "Tenant Parties"). If the Premises are not used exclusively as offices, Tenant or persons approved by Landlord shall keep the Premises clean and in order to the satisfaction of Landlord, but at Tenant's sole expense. No persons other than Tenant and those persons approved by Landlord shall be permitted to enter the Building for the purpose of keeping the Premises clean and in order. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as Additional Rent offices.
(vi) Landlord shall replace, as necessary, the fluorescent tubes in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non-building standard lighting fixtures, if any, installed in the Premises. If Tenant shall fail to make any such replacement within thirty five (305) days after written notice from Landlord, Landlord may make such replacement and charge the cost of being billed thereforlabor and materials involved therein to Tenant, for as additional rent.
(vii) Landlord shall provide at all costs times, subject to interruptions due to equipment failure, maintenance and/or repairs, intrabuilding network cabling to permit connection of electrical current consumed in telephone service from the Minimum Point of Entry as designated by Pacific Xxxx or other provider to the telephone closet located on the floor of the Building on which the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityis located.
(b) Landlord may impose a reasonable charge for any utilities and services, including without limitation, air conditioning, electric current and water, required to be provided by Landlord by reason of any use of the Premises at any time other than the hours from 8:00 a.m. to 6:00 p.m. on generally accepted business days or the hours from 8:00 a.m. to 12:00 noon on Saturdays or any use beyond what Landlord agrees to furnish as described above, or special electrical, cooling and ventilating needs created in certain areas by hybrid telephone equipment, computers and other similar equipment or uses. At Landlord's option, separate meters for such utilities and services may be installed for the Premises and Tenant, upon demand therefor, shall immediately pay Landlord for the installation, maintenance and repair of such meters.
(c) Tenant agrees to cooperate fully at all times with Landlord and to abide by all regulations and requirements which Landlord may prescribe for the use of the above utilities and services. Any failure to pay any excess costs as described above shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights herein granted for such breach.
(d) Landlord reserves the right in its sole and absolute discretion to change reduce, interrupt or cease service of the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sourcesheating, e.g.air conditioning, solar panelsventilation, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlordelevator, in the manner and to the extent expressly provided in this Leaseplumbing, at all times during the Term electrical systems, telephone systems and/or utilities services of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and for (iii) reasonable access for the purpose making of maintainingany repairs, repairingadditions, replacing alterations or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service improvements to the Premises or the BuildingBuilding until said repairs, additions, alterations or improvements shall have been completed or (ii) any accident, breakage, strikes, lockouts or other labor disturbance or labor dispute of any character, governmental regulation, moratorium or other governmental action, inability by exercise of reasonable diligence to obtain electricity, water or fuel, or by any other cause beyond Landlord's reasonable control. In no event such event, Landlord shall Landlord not be liable for, and Tenant shall not be entitled to, any abatement or responsible for reduction of rent by reason of Landlord's failure to furnish any loss, damage, expense or liability, including, of the foregoing. Landlord shall not be in breach of this Lease and shall not be liable in damages (including but not limited to, loss of business or to any consequential damages, compensation or claims arising from any failure interruption or inadequacy cessation of the electrical service being provided to the Premises Tenant's business) or the Building, whether resulting from any change, otherwise for failure, interference, disruption, stoppage or defect in the supply or character interruption of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwisesuch service, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute the same be construed either as an actual or constructive eviction of Tenant, or entitle Tenant to any work an abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premisesrent, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from the operation of any of its obligations hereundercovenant or agreement. In no the event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing failure, stoppage or other pipes (includinginterruption thereof, but not limited tohowever, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the ProjectLandlord shall use reasonable diligence to resume service promptly where it is within Landlord's reasonable control to do so.
(e) Landlord makes no representation with respect Landlord, in its sole and absolute discretion, may elect to contract for the adequacy or fitness services of individuals that will monitor the systems and operations of the air conditioning or ventilation equipment Building. In this connection, Landlord may also elect to station some of these individuals in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy lobby of the Premises that exceeds Building. Such individuals are not security personnel and will not provide protective services to any of the Maximum Density. In additiontenants of the Building, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstructionincluding Tenant.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant Notwithstanding anything hereinabove to the contrary at least ninety (90) days prior contrary, Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring above standards for utilities and equipment and restore the Premises and the Building to the same condition as before installation thereofservices.
(g) Tenant acknowledges that Landlord is or may become subject shall pay for all telephone service to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance the Premises and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination contract directly with the energy use of other tenantsproviding company for such service, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. and Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosureshave no responsibilities thereto.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease (Nemus Bioscience, Inc.)
Utilities and Services. (a) Subject Tenant shall be responsible for and shall pay promptly, directly to applicable Laws and the provisions of this Xxxxxxxxx 0appropriate supplier, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish all charges for electricity metered to the Premises: (1) electricity for lighting , telephone, telecommunications service, janitorial service, interior landscape maintenance and operation 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 low-power usage office machines; (2) cold 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 tepid water invoice therefor. Alternatively, Landlord may elect to points of supply include such cost in the Premises, if any, and to the Building restrooms, definition of Project Costs in volumes provided to typical office tenants which event Tenant shall pay Tenant’s proportionate share of such costs in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordmanner set forth in Section 4.2. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall also pay to Landlord as Additional Rent and an item of additional rent, within thirty (30) 10 days after delivery of being billed Landlord’s statement or invoice therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion “standard charges” (any such provider being referred to herein as the hereinafter defined) for “Electric Service Provider”). after hours” usage by Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to each HVAC unit servicing the Premises. Tenant shall cooperate with Landlord and If the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at HVAC unit(s) servicing the Premises and to also serve other leased premises in the Building, including“after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, but not limited to, allowing Landlord and the Electric Service Providerbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and their respective agents all day on Sundays and contractorsnationally-recognized holidays, (isubject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Building and/or Term. “After hours” usage shall be determined based upon the Project may become subject operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing usage or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason nonusage of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(dother unit(s) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about serving the Premises, or of the Buildingapplicable unit during other periods of the Term). As used herein, or “standard charges” shall mean $25.25 for each hour of “after hours” use (inclusive of the Project.
(e) Landlord makes no representation with respect applicable electricity charges paid to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstructionutility provider).
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) Subject water for use in the base Building lavatories; (b) customary heat and air conditioning (“HVAC”) required in Landlord’s reasonable judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable Laws utility company and payable directly by Tenant. Without the provisions consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s).
8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Xxxxxxxxx 0Lease, Xxxxxxxx shall furnish for (a) any interruption or make customary arrangements reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers to furnish for Tenant’s use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the Premises: (1) electricity adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the “Building’s Point of Demarcation” available for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in Tenant’s use. If the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share or a material portion of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject are made untenantable for a period in excess of 10 consecutive business days as a result of any failure to furnish, or any interruption, diminishment or termination of services due to the rationing application of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by LawLaws, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason the failure of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (includingequipment, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making performance of repairs, improvements or alterations, improvementsutility interruptions or the occurrence of an event of Force Majeure (collectively, or due a “Service Failure”) that is reasonably within the control of Landlord to accidentcorrect, strikethen Tenant, or conditions or other events as its sole remedy, shall be deemed entitled to receive an eviction abatement of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Base Rent and Tenant’s Property or for any loss Proportionate Share of Operating Expenses payable hereunder during the period beginning on the 11th consecutive business or any damage or injury to any property therein or thereon occasioned day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the PremisesService Failure, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness amount of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant abatement shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereofequitably prorated.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject to applicable Laws 5.1. From and after the provisions of this Xxxxxxxxx 0Commencement Date, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish Landlord will provide to the Premises: air-conditioning and heating during the seasons they are required in Landlord’s reasonable judgment; janitorial service after 5:30 p.m. on Monday through Friday only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) electricity for lighting and elevator in operation of low-power usage office machines; (2) cold or tepid water to points of supply at all times, except in the Premisesevent of an emergency); and landscaping and snow removal during the seasons they are required. If Tenant requires air-conditioning or heat beyond the Building Hours, if anythen Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services by 2:00 p.m. on Friday for the Premises extra service needed on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality Saturday or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”Sunday). Tenant shall obtain and accept electric pay for such extra service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises rate of $75.00 per hour per zone; provided, however, that Landlord shall waive such payment for any extra service provided between 8:00 a.m. and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time1:00 p.m. on Saturdays. To the extent required Tenant provides or contracts for any services relating to comply with Lawany Building structure or system or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall provide such information enter into and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time maintain a service contract therefor with a contractor licensed to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of do business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, jurisdiction in which the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required is located and otherwise approved by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictionsLandlord. Tenant shall comply with energy conservation programs implemented have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by reason Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of Lawsoperation of the Building shall, at Landlord’s discretion, be required to sign in and out.
(d) Landlord 5.2. Tenant shall not be liable for any loss (includingpay the Electric Charge to Landlord, but not limited toas additional rent, any injury or damage to or interference in advance on a monthly basis, together with Tenant’s business)Base Rent, cost, injury or damage to property caused by or resulting from any variation, interruption, or failure which represents the cost of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable electricity furnished to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability required to receive such servicefurnish, and any such inability Tenant shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and install a connected load (including all of Tenant’s telephonesequipment and systems, telecopiersbut excluding the Building systems) or otherwise draw, computersin excess of six (6) wxxxx per rentable square foot of Premises; and, telephone switchingin any event, telephone panels and related equipmentTenant’s use of electric energy shall never exceed the capacity of the then existing feeders, risers or wiring installations serving the Premises. Landlord makes no representation If any tax is imposed upon Landlord’s receipts from the sale or resale of electric energy to Tenant regarding the condition(directly or indirectly through a general tax on such receipts) by any federal, security, state or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premisesmunicipal authority, then Tenant shallshall pay, within ten (10) days after request by or reimburse Landlord, provide consumption data such taxes (or its share thereof) in a form reasonably required by Landlordaddition to the other charges for electricity described in this Section 5. Tenant will at all times comply with all rules and regulations of the Utility Company, to the extent the provision same are applicable to its use of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information electric energy in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwisePremises. Landlord shall not in any way be required liable or responsible to notify Tenant for any’ loss, damage or expense which Tenant may sustain or incur if (a) the supply of the making of Required Energy Disclosures; provided, however, that electric energy to the extent disclosure to Tenant Premises is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting fromtemporarily interrupted, or otherwise relating to (b) the making quantity or character of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center electric service is changed or is no longer available or suitable for Tenant’s requirements. Landlord, at its option, shall furnish and install all replacement lighting, tubes, lamps, bulbs and ballasts required in the Premises. The term “Data Center” ; and in such event, Tenant shall have pay to Landlord or its designated contractor upon demand the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs then established commercially reasonable charges therefor of high-density computing equipment, such as server racks, used for data storage and processingLandlord.
5.3. Notwithstanding anything herein the provisions of Section 5.2, Landlord, at Landlord’s expense, may, at any time during the Term, install and maintain one or more electrical submeters to measure Tenant’s demand and consumption with respect to the contraryelectricity furnished by Landlord (such submeter(s) being herein called “Tenant’s Submeter”). In the event Tenant’s Submeter is so installed, then from and after the date of such installation Tenant, throughout the remainder of the Term, in lieu of the charges described in Section 5.2 above, shall pay Landlord for such electricity as measured by Tenant’s Submeter as follows: Tenant, for purposes hereofany billing period, a Data Center does not include space within shall pay Landlord an amount determined by applying (i) Tenant’s electrical demand (measured in KWs) and consumption (measured in KWHRs) for such period, as measured by Tenant’s Submeter, to (ii) the rate schedule (inclusive of all taxes, surcharges and other charges payable thereunder or in connection therewith) of the utility company serving the Building that is utilized as (herein called the “Utility Company”) which would then be applicable to Tenant if it purchased electricity directly from the Utility Company for such period. Tenant shall pay the amount due for any billing period within thirty (30) days after being billed therefor, which bills Landlord may render from time to time (but no more frequently than monthly). Tenant shall also pay to Landlord an amount equal to the actual costs incurred by Landlord to a “server room” meter company or similar computer facilities that primarily services otherwise in respect of having Tenant’s Submeter read and having bills prepared and delivered based upon such readings.
5.4. Tenant shall arrange for the business otherwise being conducted within provision of internet and telephone service to the Premises.
Appears in 1 contract
Utilities and Services. (a) Subject Tenant shall be responsible for and shall pay promptly, directly to applicable Laws and the provisions of this Xxxxxxxxx 0appropriate supplier, Xxxxxxxx shall furnish or make customary arrangements with utility and service providers to furnish all charges for electricity metered to the Premises: (1) electricity for lighting , telephone, telecommunications service, janitorial service, interior landscape maintenance and operation 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 low-power usage office machines; (2) cold 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 tepid water invoice therefor. Alternatively, Landlord may elect to points of supply include such cost in the Premises, if any, and to the Building restrooms, definition of Project Costs in volumes provided to typical office tenants which event Tenant shall pay Tenant’s proportionate share of such costs in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordmanner set forth in Section 4.2. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall also pay to Landlord as Additional Rent and an item of additional rent, within thirty (30) 10 days after delivery of being billed Landlord’s statement or invoice therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion “standard charges” (any such provider being referred to herein as the hereinafter defined) for “Electric Service Provider”). after hours” usage by Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to each HVAC unit servicing the Premises. Tenant shall cooperate with Landlord and If the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at HVAC unit(s) servicing the Premises and to also serve other leased premises in the Building, including“after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, but not limited to, allowing Landlord and the Electric Service Providerbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, and their respective agents all day on Sundays and contractorsnationally-recognized holidays, (isubject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Building and/or Term. “After hours” usage shall be determined based upon the Project may become subject operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing usage or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason nonusage of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(dother unit(s) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about serving the Premises, or of the Buildingapplicable unit during other periods of the Term). As used herein, or “standard charges” shall mean $25.25 per hour for each hour of “after hours” use (inclusive of the Project.
(e) Landlord makes no representation with respect applicable electricity charges paid to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstructionutility provider).
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease (Capstone Dental Pubco, Inc.)
Utilities and Services. (aA) Subject Provided that Tenant is not in default hereunder, Landlord agrees to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or cause to be furnished to the Premises the following utilities and services, subject to the conditions and standards set forth below:
(i) Intentionally Deleted.
(ii) From 8 A.M. to 6 P.M., Monday through Friday (legal holidays excepted), Landlord shall ventilate the Premises and furnish heat or air conditioning when in the judgement of the Landlord it is required for the comfortable occupancy of the Premises during such days and hours, subject to any governmental requirements or standards relating to, among other things, energy conservation. Upon request and reasonable notice, Landlord shall make customary arrangements with utility and service providers to available at Tenant's expense after-hours heat or air conditioning. The cost thereof shall be $40.00 per hour.
(iii) Landlord shall furnish to the Premises: (1) electricity for Premises at all times, subject to interruptions beyond Landlord's control and subject to subparagraph 3(E), electric current in accordance with the Building Standard office lighting and operation receptacle, or as otherwise shown on Exhibit "A". At no time shall Tenant's use of low-power usage office machines; electric current exceed the capacity of the feeders to the Building or the risers or wiring installation existing in the Building at the Commencement Date of this Lease (2which shall provide ample capacity for Tenant's required use as per Exhibit "A" of this Lease).
(iv) cold or tepid Landlord shall furnish the Building with water for drinking and lavatory purposes only.
(v) Landlord shall provide janitorial services to points of supply in the Premises, if anycomparable to such services provided in other first class office buildings in the vicinity, provided that the said other office buildings are used exclusively as offices, and provided further that the Premises are kept in good order by Tenant. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish to the Building restroomsextent that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as offices. Tenant is responsible for the cleaning of Tenant's laboratory area(s), in volumes provided except that Landlord shall remove Tenant's trash (including recyclables) to typical office tenants the extent that such trash in the Building; laboratory area(s) does not exceed the amount usually attendant upon the use of the Premises as offices.
(3vi) elevator service; and (4) janitorial services Landlord shall replace, as necessary, the fluorescent tubes in the standard lighting fixtures installed by Landlord. Tenant agrees to reimburse Landlord upon demand for the cost of such fluorescent tubes and ballast and the labor and overhead for their installation. Initial installation of fixtures will be warranteed for one year for lamps and ballast.
(B) Landlord may impose a reasonable charge for any utilities and services, including without limitation, air conditioning, electric current (except for electricity paid under subparagraph (E) Paragraph 3 and water), provided by Landlord by reason of any use of the Premises on weekdays at any time other than the hours of 8 A.M. to 6 P.M. Monday through Friday (excluding legal holidays) or any use beyond that which Landlord agrees to furnish as determined reasonably necessary by Landlorddescribed above. In addition The following- clauses (i) through (iv) apply to Tenant’s payment electrical consumption, electric energy and the public utility rate schedule for Tenant’s Share the supply of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical electric current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(bi) Landlord reserves All electric consumption for the right to change sole use of the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or be separately sub-metered.
(ii) to enter into Landlord shall not be liable in any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service way to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service electric energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity or for any other reason not attributable to Landlord.
(iii) Tenant's use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment serving the Premises existing at the Commencement Date of this Lease (which shall provide ample capacity for Tenant's required use as per Exhibit "A" of this Lease). In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior written consent in each instance (which shall not be unreasonably withheld), connect any additional fixtures, appliances or arising from equipment to the partial Building's electric distribution system or total unavailability make any alteration or addition to the electric system of electrical the Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant upon Landlord's demand.
(iv) If the public utility rate schedule for the supply of electric current to the Building shall be increased during the term of this Lease, the Additional Rent payable pursuant to Paragraph 3 hereof shall be equitably adjusted to reflect the resulting increase in Landlord's cost of furnishing electric service to the Premises Premises. It is the intention -hereof that Landlord only recapture the charges payable by Tenant under Paragraph 3 and under no circumstances shall Landlord earn any profit thereof.
(C) Tenant agrees to cooperate fully at all times with Landlord and to abide by all regulations and requirements which Landlord may prescribe for the use of the above utilities and services. Any failure to pay any costs as described above shall constitute a breach of the obligation to pay Rent under this Lease and shall entitle Landlord to rights herein granted for such breach.
(D) 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 Building, from any cause whatsoever, or otherwiseforegoing services, nor shall any such failure, inadequacy, change, interference, disruption, defect stoppage or unavailability constitute interruption of any such service be construed either as an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from the obligation to perform any covenant or agreement. However, in the event of its obligations under this Leaseany failure, stoppage or interruption thereof, Landlord shall use reasonable diligence to have service resumed promptly.
(cE) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein hereinafter to the contrary, Landlord reserves the right from time to time to make reasonable modifications to the above provisions for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premisesutilities and services.
Appears in 1 contract
Samples: Lease Agreement (Diva Systems Corp)
Utilities and Services. (a) Subject Mondays through Fridays from 8:00 A.M. to applicable Laws 6:00 P.M. and Saturdays from 8:00 A.M. to 1:00 P.M. (except the provisions of this Xxxxxxxxx 0days observed by the Federal or State governments as legal holidays), Xxxxxxxx Landlord shall furnish or make customary arrangements with utility and service providers to furnish distribute to the Premises: (1) electricity for lighting Demised Premises air conditioning and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses heat with a system designed in accordance with Paragraph 4(bExhibit "D" hereto. If Tenant shall require air conditioning or ----------- heat at any other time ("after-hours"), Landlord shall furnish after-hours air conditioning and heat upon reasonable advance notice from Tenant, and Tenant shall pay Landlord's costs (direct and related) abovetherefor on Landlord's demand. Tenant shall notify Landlord no later than 2:00 P.M. on the day it requires after-hours air conditioning or heat, however, if Tenant requires after-hours air conditioning or heat on a Monday, Tenant shall notify Landlord of same by 2:00 P.M. on the preceding Friday. The current charges for after hours heat is $70.00 per hour and for after hours air conditioning is $110.00 per hour, which charges are subject to periodic review and adjustment by Landlord.
(b) Landlord shall supply reasonably adequate quantities of water to the Demised Premises for ordinary lavatory and drinking purposes.
(c) Landlord shall cause the Demised Premises to be cleaned in accordance with Exhibit "E" hereto; provided that to the extent any area is used ----------- for the preparation, dispensing or consumption of food or for a computer room, data processing or similar equipment and requires additional cleaning, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates premium charged for such services to same by Landlord's cleaning contractor. Landlord shall also cause the Building by and Property to be cleaned, as well as cause snow and ice to be removed from the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityparking lots and sidewalks located thereon.
(bd) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable required to provide any security services to the Demised Premises. Tenant shall supply such security services to the Demised Premises as Tenant requires, subject to Landlord's prior approval of plans, provided that Landlord's consent shall not be required to the extent the work is nonstructural, as defined in Article 9(b) hereof. Notwithstanding the foregoing, in the event Tenant elects to utilize the security system currently located in the Demised Premises, Tenant shall be required to maintain and repair said system at its sole cost and expense. Landlord shall supply security cards in connection with the existing security system to Tenant for Tenant's employees. In the event the security cards are lost during the term of this Lease or responsible for not returned to Landlord upon the expiration of the term of this Lease, the cost of replacing the security cards shall be borne exclusively by Tenant.
(e) Landlord does not warrant that any lossof the services referred to above, damage, expense or liability, including, but not limited to, loss of business or any consequential damagesother services which Landlord may supply, arising will be free from interruption, Tenant acknowledging that any failure or inadequacy more such services may be suspended by reason of accident or of repairs, alterations or improvements necessary to be made, or by strikes or lockouts, or by operation of law, or causes beyond the reasonable control of Landlord. Any such interruption or discontinuance of service shall not be deemed an eviction or disturbance of Tenants use and possession of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruptionPremises, or defect in the supply or character of the electrical service furnished to the Premises or the Buildingany part thereof, or arising from the partial or total unavailability render Landlord liable to Tenant for damages by abatement of electrical service to the Premises or the Building, from any cause whatsoever, Rent or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any performance of its Tenant's obligations under this Lease.
(cf) Tenant acknowledges Notwithstanding the foregoing, if any essential service to be provided under the terms of this Article and this Lease that the Premises, the Building and/or the Project may become subject is within Landlord's reasonable control is interrupted or curtailed for a period in excess of three (3) full business days after notice of same is given to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by LawLandlord, and as a result thereof Tenant shall in no event be excused or relieved from any covenant or obligation is unable to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of continue operating its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment Demised Premises as a result of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Leasesame, Tenant shall remove all such cabling, wiring and equipment and restore receive an abatement of the Base Rent for the pro rata portion of the Demised Premises and that is unusable for the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use period of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, time that such disclosure is reasonably necessary essential service has been interrupted or curtailed and as a result therefor Tenant was unable to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant continue operating its business in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy DisclosuresDemised Premises during such period.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Lease (Matrixone Inc)
Utilities and Services. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) Subject water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable Laws utility company and payable directly by Tenant. Without the provisions consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s).
8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Xxxxxxxxx 0Lease, Xxxxxxxx shall furnish for (a) any interruption or make customary arrangements reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers to furnish to for Tenant's use within the Premises: (1) electricity for lighting and operation of low-power usage office machinesProperty; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) elevator service; and (4) janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by no such designation shall impose liability upon Landlord. In addition to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord has satisfied itself as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of any Landlord owned utility equipment and the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment quantity of Tenant, telephone lines and other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due service connections to the arrangement "Building's Point of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability Demarcation" available for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof's use.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Office Lease Agreement (Liberty Diversified Holdings Inc)
Utilities and Services. (a) Subject From 7:00 a.m. to applicable Laws 6:00 p.m. on weekdays and the provisions of this Xxxxxxxxx 08:00 a.m. to 1:00 p.m. on Saturday excluding legal holidays ("NORMAL BUSINESS HOURS"), Xxxxxxxx Landlord shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) Premises electricity for lighting and operation of low-power usage office machines; machines (2) cold or tepid water not to points exceed without additional charge to Tenant, 5 xxxxx per usable square foot of supply in the Premises), if anywater, heat and air conditioning, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3) common elevator service; . During all other hours, Landlord shall furnish such service except for heat and (4) air conditioning, provided Tenant may be charged for after-hours electricity as provided herein. Landlord shall provide janitorial services for the Premises on weekdays Monday through Friday (excluding legal holidays) as determined in accordance with Building standard cleaning specifications reasonably necessary established by Landlord. In addition Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all telephone services and equipment as may be required by Tenant in the use of the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant's inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. If at any time during the Term Landlord shall determine that installation of a separate electrical meter for the Premises is necessary or desirable as a result of Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above's after-hours or excess electrical usage, Tenant shall pay to Landlord the cost of installing and maintaining such meter and the cost of Tenant's electrical usage as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for measured by such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacitymeter.
(b) If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours and the cost of such services as established by Landlord shall be paid by Tenant as Additional Rent, payable concurrently with the next installment of Base Rent. Subject to Landlord's prior written approval of Tenant's plans and specifications, all supplemental HVAC equipment required (if any) to accommodate Tenant's computer room shall be installed and separately metered at Tenant's expense. The cost of operation (including usage charges, fees, and assessments incurred by Landlord) and maintenance of any supplemental HVAC equipment shall be the sole responsibility of the Tenant and paid to Landlord as Additional Rent.
(c) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with Southern California Edison to provide electricity for the Building, and that Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, of such service at any time and from time to time in Landlord’s 's sole discretion (any such provider being referred to herein as the “Electric Service Provider”"ELECTRIC SERVICE PROVIDER"). Tenant shall obtain and accept electric electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric electrical service for or with respect to the Premises or Tenant’s 's operations therein from any provider of electric electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, including without limitation allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (ia) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (iib) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s 's use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, including without limitation loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(cd) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Lawa public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant’s Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Lawupon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws.
(de) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), costloss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited towithout limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant accident, breakage or any subtenant or licensee of Tenant or repairs; (ii) Landlord is not responsible for reading strikes, lockouts or other labor disturbances or labor disputes of any submetered such character; (iii) governmental regulation, moratorium or separately metered utility supplied to other governmental action; (iv) inability, despite the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlordexercise of reasonable diligence, to the extent the provision obtain electricity, water or fuel; (v) service interruptions or any other unavailability of such data is required by Law to be disclosed utilities resulting from causes beyond Landlord's control including without limitation, any Service Provider initiated "xxxxx-out" or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices"black-out," war, the Green Building Standards terrorism or otherwise. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosuresbioterrorism; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosures.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.and
Appears in 1 contract
Samples: Office Lease Agreement (Performance Capital Management LLC)
Utilities and Services. (a) Subject to applicable Laws and the provisions of this Xxxxxxxxx 0, Xxxxxxxx a. Landlord shall furnish or make customary arrangements with utility the following utilities and service providers to furnish services to the Premises: electric current (1) electricity for lighting and operation of lownormal desk-power usage type office machines); hot and cold water; lavatory supplies; heat and air-conditioning service (2“HVAC Services”) cold or tepid water to points during the appropriate seasons of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Buildingyear as reasonably required; (3) elevator service; and (4) trash removal, cleaning and janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlordservice. In addition HVAC Services shall be provided to Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric service for the Premises only from and during Normal Business Hours (hereinafter defined). As used herein, the term "Normal Business Hours" means Monday through Landlord, in the manner and Friday 8:00 a.m. to the extent expressly provided in this Lease, at all times during the Term of this Lease6:00 p.m., and Tenant Saturday 9:00 a.m. to 1:00 p.m., excluding Holidays. As used herein, the term "Holidays" shall have no right (mean New Year's Day, Xxxxxx Xxxxxx Xxxx'x Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day and hereby waives any right Tenant other federal holidays which Landlord may otherwise have) (i) elect to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service recognize from time to time. To At times other than the extent required to comply with LawNormal Business Hours and days aforesaid, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as HVAC Services shall be required provided to Tenant upon at least twenty-four (24) hours prior notice from Tenant, and upon payment by Tenant of the hourly charge established by Landlord from time to time for each hour (or a portion thereof) of after-hours usage. All Building standard light bulbs and tubes in the Premises shall be replaced by Landlord and the cost thereof shall be included in Operating Expenses. In addition, Landlord may impose a reasonable additional charge for any additional or unusual services required to be provided by Landlord to Tenant because of the carelessness of Tenant, the nature of Tenant's business or the Electric Service Provider to efficiently provide electrical service to removal of any refuse and rubbish from the Premises or except for discarded material placed in wastepaper baskets and left for emptying as an incident to Tenant's normal cleaning of the BuildingPremises. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, Landlord shall have no event liability to Tenant for such suspension or curtailment or due to any restrictions on use arising therefrom or relating thereto, and Landlord shall Landlord be liable proceed diligently to restore such service. No interruption or responsible for any loss, damage, expense or liability, including, but not limited to, loss malfunction of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability services shall constitute an actual or constructive eviction or disturbance of Tenant, or entitle Tenant to any abatement or diminution 's use and possession of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or or the Project may become subject to parking garage or parking areas in or around the rationing of Utility services Building or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented constitute a breach by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. hereunder or render Landlord liable for damages or entitle Tenant shall label all telephone, computer, to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rent) or grant Tenant any right of setoff or claim against Landlord or constitute a constructive or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all eviction of Tenant’s telephones. In the event of any such interruption, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwise. Landlord shall not be required use reasonable diligence to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, restore such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosuresservices.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust III, Inc.)
Utilities and Services. (a) Subject From 8:00 a.m. to applicable Laws 6:00 p.m. on weekdays, and the provisions of this Xxxxxxxxx 08:00 a.m. to 12:00 p.m. Saturdays (“Normal Business Hours” (excluding legal holidays)), Xxxxxxxx Landlord shall furnish or make customary arrangements with utility and service providers to furnish to the Premises: (1) Premises electricity for lighting and operation of low-power usage customary office machines; (2) cold or tepid water to points of supply in the Premises, if anywater, heat and air conditioning, and to the Building restroomselevator service (at least one elevator shall be in service 24 hours a day, in volumes provided to typical office tenants in the Building; (3) elevator service; 7 days a week). During all other hours, Landlord shall furnish such service except for heat and (4) air conditioning. Landlord shall provide janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition to Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all telephone services and equipment as may be required by Tenant in the use of the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s payment inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. If at any time during the Term Landlord shall determine that installation of a separate electrical meter for the Premises is necessary or desirable as a result of Tenant’s Share electrical usage, Landlord shall pay the cost of Expenses in accordance with Paragraph 4(b) above, installing and maintaining such meter and Tenant shall pay to Landlord as Additional Rent and within thirty (30) days the cost of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacityelectrical usage as measured by such meter.
(b) If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours and the cost of such services as established by Landlord shall be paid by Tenant as Additional Rent, payable concurrently with the next installment of Base Rent. As of the date of this Lease, the overtime HVAC charge is $50.00 per hour, per floor.
(c) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with Potomac Electric Power Company to provide electricity for the Building, and that Landlord reserves the right to change the electricity provider and to provide electricity (or supplemental electricity) from alternative energy sources, e.g., solar panels, of such service at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electric electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric electrical service for or with respect to the Premises or Tenant’s operations therein from any provider of electric electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, including without limitation allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (ia) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (iib) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, including without limitation loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(cd) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Lawa public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant’s Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Lawupon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws.
(de) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), costloss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenanceUtilities. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited towithout limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(ef) Landlord makes no representation with respect to the adequacy or fitness of the air air-conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises by more than one person per 200 rentable square feet. Landlord warrants that exceeds all HVAC equipment serving the Maximum DensityPremises will be in good working order as of the Commencement Date. In additionTenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of this Paragraph 5. If such consent is given, Landlord shall have no liability for the failure right to provide adequate heatinginstall supplementary air conditioning units or other facilities in the Premises, ventilation including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. Tenant shall not use water or heat or air conditioning due to the arrangement in excess of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all that normally supplied by Landlord. Tenant’s telecommunications and data services at the Premises. Landlord consumption of electricity shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installation. Tenant shall be responsible, at Tenant’s expense, for any and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety exceed five (905) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereofwxxxx per rentable square foot.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirementsNotwithstanding the foregoing, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) to the extent any utility of the foregoing services for which Landlord is billed directly responsible are not furnished to Tenant the Premises for five (5) or any subtenant or licensee of Tenant or more consecutive days after Landlord receives notice from Tenant, (ii) the Premises are rendered untenantable due to the Landlord’s failure to deliver such services, and (iii) the Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premisesdiligently pursuing a cure of such interruption, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection commencing with the Project’s Sustainability Practicessixth (6th) day after Landlord receives such notice, the Green Building Standards or otherwiseBase Rent shall be abated until the Premises are again tenantable. Landlord Such abatement shall not be required Tenant’s sole and exclusive remedy due to notify Tenant of the making of Required Energy Disclosures; provided, however, that to the extent disclosure to Tenant is required by applicable Laws, any such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy Disclosuresinterruption.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
Utilities and Services. A. Except as provided in this Lease, Landlord shall provide or have third parties provide to the Premises for use by Tenant the utility services (athe “Utility Services”) Subject which are provided to applicable Laws the Premises as of the Commencement Date, which are hot and cold running water, sewer services, heat, ventilation and air conditioning as stated in Section 13, natural gas and electricity. The cost of said Utility Services are included as part of the Fixed Rent. Landlord may provide or have third parties provide Utility Services to the Premises in excess of those being provided as of the Commencement Date if Tenant desires such change as long as Tenant notifies Landlord of such change, and Tenant pays the increased cost of such Utility Services as Additional Rent. The term “Utility Services” expressly excludes, and Landlord shall have no obligation under this Lease to provide, telephone, telecommunication, network and desktop services, any IT services, and specialty gases all of which are to be provided to Tenant pursuant to separate agreements with Landlord or direct contracts between Tenant and third party providers.
B. As part of the consideration for payment of Fixed Rent above specified, the Landlord, at its own expense, shall furnish, supply and properly maintain for the Tenant, the following services (the “Other Services”):
(i) Care in good condition and appearance of landscaping existing on the Project as of the Commencement Date which shall mean basic outside landscaping services to include watering, fertilizing and grass cutting during the growing season;
(ii) Janitorial services to the Office Space in accordance with Exhibit H and expressly excluding such services for the Fab Space and the provisions of this Xxxxxxxxx 0, Xxxxxxxx shall furnish or make customary arrangements with utility Lab Space;
(iii) Parking lot lighting from dusk until xxxx – seven days per week;
(iv) Passenger (at all times) and service providers freight (subject to furnish to the Premises: (1) electricity for lighting and operation of low-power usage office machines; (2) cold or tepid water to points of supply in the Premises, if any, and to the Building restrooms, in volumes provided to typical office tenants in the Building; (3scheduling) elevator service;
(v) Shipping, receiving and mail room services daily Monday through Friday; and (4) janitorial provided that these services for do not include the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. In addition cost to mail or ship Tenant’s payment for Tenant’s Share of Expenses in accordance with Paragraph 4(b) above, Tenant shall pay to Landlord as Additional Rent and within thirty (30) days of being billed therefor, for all costs of electrical current consumed in the Premises at the rates charged for such services to the Building by the municipality or the local public utility. Tenant’s consumption of electricity shall not exceed the Building’s capacity.
(b) property; Landlord reserves the right to change contract with a third party vendor to run the electricity provider mail room and shipping and receiving operations at the Project;
(vi) Access cards programmed by Landlord for each employee or other person that Tenant notifies Landlord has been permanently assigned by Tenant to provide electricity the Premises; Tenant will be responsible for providing security identification badges for employees which will be honored by Landlord;
(or supplemental electricityvii) from alternative energy sourcesrestroom facilities; and
(viii) operation, e.g.maintenance, solar panelsrepair, at any time cleaning (including janitorial services in accordance with Project wide specifications for all Common Areas of the Project) and from time to time supply of the Common Areas in Landlord’s sole discretion (any such provider being referred to herein good condition.
C. Except as the “Electric Service Provider”). provided herein, Tenant shall obtain be responsible for procuring its own supplies and accept electric service for the Premises only from and through Landlord, services in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Leaseconnection with its operations at, and Tenant shall have no right (use and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electric service for or with respect to the Premises or Tenant’s operations therein from any provider of electric service other than the Electric Service Provideroccupancy of, or (ii) to enter into any separate or direct contract or other arrangement with the Electric Service Provider for the provision of electrical service to the Premises. Tenant shall cooperate with Landlord provide its own janitorial services for the Fab Space and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, but not limited to, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (i) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (ii) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. To the extent required to comply with Law, Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, but not limited to, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
(c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by Law. Tenant’s tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed by Law, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant shall comply with energy conservation programs implemented by Landlord by reason of Laws.
(d) Landlord shall not be liable for any loss (including, but not limited to, any injury or damage to or interference with Tenant’s business), cost, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or Tenant’s Property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(e) Landlord makes no representation with respect to the adequacy or fitness of the air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises that exceeds the Maximum Density. In addition, Landlord shall have no liability for the failure to provide adequate heating, ventilation or air conditioning due to the arrangement of partitioning in the Premises or changes thereto, or the failure of Tenant to keep heating, ventilation and air conditioning vents in the Premises free of obstruction.
(f) Tenant shall separately arrange with, and pay directly to, the applicable telecommunications and data companies or providers, as the case may be, for the furnishing, installation and maintenance of all Tenant’s telecommunications and data services at the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. Tenant shall label all telephone, computer, or other data cabling at the time of installationLab Space. Tenant shall be responsibleresponsible for reimbursing Landlord as Additional Rent for any mailing, at shipping or receiving charges payable to ship or mail Tenant’s expenseproperty.
D. Landlord shall provide the Other Services and the Utility Services (collectively, for any the “Services”) hereunder to substantially the extent, quantity and all of Tenant’s telephones, telecopiers, computers, telephone switching, telephone panels and related equipment. Landlord makes no representation to Tenant regarding the condition, security, or suitability for Tenant’s purposes quality that such services are provided as of the cabling, wiring or equipment presently located within the Building. Unless Landlord notifies Tenant to the contrary at least ninety (90) days prior to the expiration of this Lease or within ten (10) after the earlier expiration of this Lease, prior to the expiration of the Term or promptly following any earlier termination of this Lease, Tenant shall remove all such cabling, wiring and equipment and restore the Premises and the Building to the same condition as before installation thereof.
(g) Tenant acknowledges that Landlord is or may become subject to certain energy disclosure requirements, which requirements, whether made pursuant to statute, ordinance and regulation or other applicable Laws now existing or hereafter adopted, shall collectively be referred to herein as “Required Energy Disclosures”. Tenant authorizes Landlord to disclose information concerning energy use by Tenant, either individually or in combination with the energy use of other tenants, as applicable, in connection with any Required Energy Disclosures, whenever Landlord determines, in good faith, that such disclosure is reasonably necessary to comply with Laws applicable to the Building or Landlord’s ownership thereof. If (i) any utility is billed directly to Tenant or any subtenant or licensee of Tenant or (ii) Landlord is not responsible for reading any submetered or separately metered utility supplied to the Premises, then Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord, to the extent the provision of such data is required by Law to be disclosed or Landlord otherwise reasonably requests such information in connection with the Project’s Sustainability Practices, the Green Building Standards or otherwiseCommencement Date. Landlord shall not be required to notify Tenant of the making of Required Energy Disclosures; provided, however, that provide any Services to the extent disclosure such Services would require Landlord to Tenant is required by applicable Laws, such disclosure may be satisfied by making Required Energy Disclosures available for review by Tenant in the Building management office. Tenant hereby releases Landlord from violate any claims, losses, costs, damages, expenses and liabilities arising out of, resulting from, or otherwise relating to the making of any Required Energy DisclosuresLegal Requirements.
(h) Tenant may not operate a Data Center in the Premises. The term “Data Center” shall have the meaning set forth in the U.S. Environmental Protection Agency’s ENERGY STAR® program and is a space specifically designed and equipped to meet the needs of high-density computing equipment, such as server racks, used for data storage and processing. Notwithstanding anything herein to the contrary, for purposes hereof, a Data Center does not include space within the Building that is utilized as a “server room” or similar computer facilities that primarily services the business otherwise being conducted within the Premises.
Appears in 1 contract
