Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for water, electricity, heat, light, sewer, and other utilities (including fire sprinklers to the extent the Project is plumbed for such services) (collectively, “Utilities”) and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election, the Premises (collectively, “Janitorial Services”). Landlord shall pay, subject to Tenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord may cause, at Txxxxx’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions.
Appears in 1 contract
Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for water, electricity, heatheating and air conditioning, fire alarm, light, sewer, and other utilities (including fire sprinklers to the extent the Project Building is plumbed for such services) (collectively, “Utilities”) to the Premises, and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s electionelection as set forth below, the Premises (collectively, “Janitorial Services”). In the event Tenant fails to provide Janitorial Services within the Premises in accordance with this Section 11(a), Landlord shall have the right to provide Janitorial Services within the Premises as set forth below, and, in such event, Xxxxxxxx’s contract with its Janitorial Services provider shall provide for the janitorial specifications for the Premises to be at least those set forth on Exhibit H. The Utilities will be installed as set forth in the Work Letter. Landlord shall pay, subject to TenantXxxxxx’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for UtilitiesUtilities imposed by the applicable Utility provider(s), and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider(without mark-up), and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider; provided that Landlord shall cause electricity for retail tenants to be separately metered from the office tenants at Landlord’s expense. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord shall manage or contract for the management of Janitorial Services to the Premises and Tenant shall pay for the same. Landlord may cause, at TxxxxxXxxxxx’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoever other than Landlord’s willful misconductwhatsoever, shall result in eviction or constructive eviction of Tenant, 321 Arsenal (AOTC) / Forma Therapeutics - Page 13 termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer Rent (except as set forth in Section 11(b) with respect to Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premisesabatement). Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Landlord hereby agrees to use commercially reasonable efforts to minimize the duration and extent of any such unavailability, to the extent within Landlord’s reasonable control. Commencing on the Commencement Date, Tenant elects to provide the Janitorial Services within the Premises. Tenant shall (i) utilize the same Janitorial Service provider that Landlord utilizes from time to time for the Common Areas, and (ii) maintain the Janitorial Services in a first-class manner and in accordance with Exhibit H. For so long as Tenant is properly performing Janitorial Services to the Premises, Landlord shall not include the cost of such services as part of Operating Expenses. If Tenant fails to (x) provide such Janitorial Services in a first-class manner and in accordance with Exhibit H, or (y) utilize the same Janitorial Services provider that Landlord then utilizes for the Common Areas, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to provide such services upon prior written notice to Tenant, in which event the cost of such services shall be included as part of Operating Expenses.
Appears in 1 contract
Samples: Lease Agreement (Forma Therapeutics Holdings, Inc.)
Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for tepid water, electricity, heat, light, power, sewer, and other utilities (including natural gas and fire sprinklers to the extent the Project is plumbed for such services) (collectively, “Utilities”) ), and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election, the Premises (collectively, “Janitorial Services”). The Utilities will be installed as set forth in the Work Letter. Landlord shall paypay (except as otherwise expressly set forth herein), subject to Tenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. If any Utilities are not separately metered or check-metered as part of the Tenant Improvements, Landlord may cause, at Tenant’s expense, any cause such Utilities to be separately metered or check-metered at Landlord’s expense. Landlord may cause any Utilities separately metered or check-metered to be charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord may cause, at TxxxxxTenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. , in which case, Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered or check-metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions.
Appears in 1 contract
Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for tepid water, electricity, heat, light, power, sewer, compressed air, vacuum, and other utilities (including natural gas and fire sprinklers to the extent the Project is plumbed for such services) (collectively, “Utilities”) ); and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election, the Premises (collectively, “Janitorial Services”). Landlord shall paypay (except as otherwise expressly set forth herein), subject to Tenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Electricity will be sub-metered as part of Landlord’s Work. Landlord may cause, at Tenant’s expense, any other Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord may cause, at TxxxxxTenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. , in which case Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions.
Appears in 1 contract
Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for water, tepid water, electricity, heat, light, power, sewer, gas and other utilities (including fire sprinklers (to the extent the Project is plumbed for such services), compressed air, and such other utilities as are provided to the Premises pursuant to the Work Letter (inclusive of its exhibits) (including, by way of example, chilled water and condenser water) (collectively, “Utilities”) and ), (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election, of the Premises Building (collectively, “Landlord Janitorial Services”), and (iii) landscaping and reasonable removal of accumulations of ice and snow from drives and walkways. The infrastructure for the Utilities shall be installed as set forth in the Plans and Specifications, and Landlord shall not replace such infrastructure with infrastructure having reduced capacities inconsistent with what was installed as set forth in the Plans and Specifications. Landlord shall pay, subject to Tenant’s reimbursement obligation or inclusion of such costs as Operating ExpensesExpenses subject to the provisions of Section 5, for all Utilities used on the PremisesPremises that are not separately metered or submetered (if any), all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Landlord Janitorial Services. Landlord may causeAs part of the Work Letter, at Tenant’s expense, any all Utilities to will be separately metered or charged directly to Tenant by submetered as of the providerCommencement Date. Tenant shall arrange with the utility providers for, and shall pay directly to the Utility providerutility providers, prior to delinquency, any all separately metered or submetered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord may cause, at Txxxxx’s expense, To the Janitorial Services to be separately charged or charged directly extent the utility provider will not provide a separate account for billing to Tenant by the provider. for submetered Utilities, Tenant shall pay directly reimburse Landlord within 30 days following invoice for Landlord’s payments to the Janitorial Services providerapplicable utility ActiveUS 179671324v.10 providers for Tenant’s submetered Utilities. Further, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities to the Premises (if any exist) based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord, including taking into account prior usage, and all charges for Landlord Janitorial Services. No interruption or failure of Utilities or Landlord Janitorial Services, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent, subject to the provisions of subparagraph (b), below. Tenant agrees to limit use of water and sewer with respect to Tenant’s use of Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergenciesemergencies or Force Majeure, as the result of Legal Requirementsgovernmental action or legal requirements, the failure of any Utility utility provider to provide such Utilities, or temporary interruptions for the performance by Landlord or any Utility utility provider of any installation, maintenance or repairs, or temporary interruptions in compliance with Section 45(o). Landlord will provide reasonable advance notice of any other temporary interruptionsplanned interruption. Tenant shall be responsible, at its sole cost and expense, for obtaining and paying for suitable and proper janitorial services for the Premises.
Appears in 1 contract
Samples: Lease Agreement (Constellation Pharmaceuticals Inc)
Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for tepid water, electricity, heat, light, power, sewer, and other utilities (including natural gas and fire sprinklers to the extent the Project is plumbed for such services) (collectively, “Utilities”) ), and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election, the Premises (collectively, “Janitorial Services”). The Utilities will be installed as set forth in the Work Letter. Landlord shall paypay (except as otherwise expressly set forth herein), subject to Tenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. If any Utilities are not separately metered or check-metered as part of the Tenant Improvements, Landlord may cause, at Tenant’s expense, any cause such Utilities to be separately metered or check-metered at Landlord’s expense. Landlord may cause any Utilities separately metered or check-metered to be charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord may cause, at TxxxxxTenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. , in which case, Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered or check-metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions.. Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 15
Appears in 1 contract
Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for water, electricity, heatheating and air conditioning, fire alarm, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project Building is plumbed for such services) (collectively, “Utilities”) to the Building and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election(including the restrooms on any multi-tenant floors), the office portion of the Premises, and the restrooms within the Premises (i.e. the restrooms on the 4th and 5th floors so long as the entire rentable area on each such floor is leased by Tenant) (collectively, “Janitorial Services”). The Utilities will be installed as set forth in the Work Letter. Landlord’s contract with its janitorial service provider shall provide for the janitorial specifications for the office portion of the Premises and restrooms within the Premises to be at least those set forth on Exhibit I. Landlord shall pay, subject to Tenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for UtilitiesUtilities imposed by the applicable Utility provider(s), and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider(without xxxx-up), and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Landlord may cause, at TenantLandlord’s sole cost and expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord may cause, at TxxxxxTenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption and all charges for Janitorial Services provided by Landlord to the Premises that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to by Tenant and its employees, guests, and invitees in the Common Areas to normal restroom use. To the extent such services are not provided by LandlordLandlord as a part of the Janitorial Services, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Landlord hereby agrees to use commercially reasonable efforts to minimize the duration and extent of any such unavailability, to the extent within Landlord’s reasonable control. Upon not less than 45 days prior written notice to Landlord, Tenant may elect to take over the Janitorial Services within the Premises, provided that Tenant maintains the same in a first-class manner. In the event Tenant makes such election, from and after the date that Tenant actually provides such services, Landlord shall no longer include the cost of such services as part of Operating Expenses. If Tenant fails to provide such Janitorial Services in a first class manner, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to resume providing such services upon prior written notice to Tenant, in which event the cost of such services shall once again be included as part of Operating Expenses.
Appears in 1 contract
Samples: Lease Agreement (Forma Therapeutics Holdings, Inc.)
