Common use of Utilities, Services Clause in Contracts

Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 3 contracts

Samples: Tenant Rental Agreement, Landlord Tenant Rental Agreement, Landlord Tenant Rental Agreement

AutoNDA by SimpleDocs

Utilities, Services. Landlord If marked, the expense and responsibility of the following items are to be that of the Tenant. Electric Oven Drip Pans Water Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 2 Months Locks/Keys Refrigerator Water Filter Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be responsible for paying for the payment monthly water xxxx and monthly sewer xxxx if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility of the following utilities/services TENANT under the lease. TENANT is responsible for any cost related to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment installation and/or maintenance of the following utilities/services delivered phone lines, cable lines, outlets and/or jacks, if TENANT chooses to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility phone land line service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordand/or cable service.

Appears in 3 contracts

Samples: Residential Lease, Residential Lease, Residential Lease

Utilities, Services. Landlord shall provide to the Common Areas and the Premises, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas and the Shared Suite Area only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, 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. Landlord may cause, at Landlord’s expense, any Utilities to be responsible 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. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, 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 payment abatement of the following utilities/Rent. Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Premises pursuant to the immediately following sentence, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Upon written notice to Landlord, Tenant may elect, at any time during the Term, to retain a third party reasonably acceptable to Landlord to provide janitorial services to the Premises, in which case Tenant shall be responsible pay such third party directly for such janitorial services. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the payment capacity of the following utilities/services delivered emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have emergency generators as per the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenantmanufacturer’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelystandard maintenance guidelines. Landlord shall not be liable for damages resulting from have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any failure period of any utility replacement, repair or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result maintenance of the negligence emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or unlawful act replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of Landlordback-up power. Tenant expressly assumes the risk of loss acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service that emergency power will be available to the PremisesPremises when needed. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Net Multi-Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.Laboratory 75 Shoreway/Allakos - Page 11

Appears in 2 contracts

Samples: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Utilities, Services. Landlord Commencing on the Commencement Date, Tenant shall be responsible contract directly with utility providers for the payment of the following utilities/services all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: extent the Project is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall be responsible pay directly to such Utility providers prior to delinquency for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any all such bills for these services intermittently billed to Landlord during this tenancy will be charged back Utilities furnished to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after or the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves Project during the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises Term and shall pay for 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. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, 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. Notwithstanding anything to the contrary contained herein, during the period that Landlord is constructing Landlord’s Work, the portion of the cost of the Utilities furnished to the Project equitably attributable to Landlord’s construction of Landlord’s Work shall be included as part of the cost of Landlord’s Work. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 3 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such 3 business day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage caused suffered or sustained by Tenant resulting from any freezing failure or other problems which result from Tenant's failure cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: HVAC service, water, sewer and electricity, but in each case only to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant extent that Landlord has an obligation to notify provide same to Tenant under this Lease. Tenant agrees to provide Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due with access to Tenant’s negligence water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to pay utilities, abandonmentLandlord’s Measurabl online portal, or by another delivery method reasonably agreed to inform by Landlord of shut off and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be at Tenant’s Expenseincluded as part of Operating Expenses. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Net Lease Net Lease 9877 Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord./Cue - Page 12

Appears in 2 contracts

Samples: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Utilities, Services. Landlord Tenant shall be responsible contract directly with utility providers for the payment of the following utilities/services all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for 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. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition Notwithstanding anything to the rent payment. No keys will be issued contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant until the appropriate services are put in Tenantor any Tenant Party or any matter beyond Landlord’s name and verified by Landlord.reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service

Appears in 2 contracts

Samples: Lease Agreement (Gossamer Bio, Inc.), Lease Agreement (Gossamer Bio, Inc.)

Utilities, Services. Landlord shall be responsible provide, subject to the terms of this Section, hot and cold water for restrooms, drinking and office kitchen purposes, sewer connection, heated and chilled water for the payment of HVAC system serving the following utilities/services Premises, electricity in an amount at least equal to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible 12 xxxxx per usable square foot, gas service for the payment of HVAC system and water for sprinklers (collectively, “Utilities”) as more particularly set forth in the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyBase Building Specifications. Landlord shall not be liable for damages resulting from any failure of any utility pay, as Operating Expenses or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due subject to Tenant’s reimbursement obligation, 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. Utilities will be separately metered or charged directly to Tenant by the provider as provided in the Landlord/Tenant Matrix attached hereto as Exhibit F. 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. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s negligence or willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to pay utilities, abandonment, limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall supply its own cleaning and rubbish removal service. Landlord at Landlord’s cost shall supply a dumpster or to inform Landlord of shut off shall be compactor at the loading dock for Tenant’s Expense. Xxxxxx further agrees to work directly with use for the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlorddisposal of non-hazardous, non-controlled substances.

Appears in 2 contracts

Samples: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)

Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx Landlord reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx Tenant further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by XxxxxxTenant. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 2 contracts

Samples: Landlord Tenant Rental Agreement, Rent Payment Agreement

Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing periodTenant, any or all utilities have still not been transferred into at Tenant’s name Xxxxxxxx reserves the right to charge sole cost and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premisesexpense, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss water, electricity, sewage, gas, heat, ventilation, and air conditioning charges, electricity, telephone, fire protection sprinkler system charges and other utilities and services used on or damage from the Premises, together with any taxes, penalties (unless the penalties arise out of Landlord’s negligence or willful misconduct), and surcharges or the like pertaining to, and any maintenance charges for utilities, in all cases with no markup in cost by Landlord. Such services (other than Tenant’s telephone services) shall be separately metered by Landlord at its sole expense (and without any indirect reimbursement by Tenant as Additional Rent) and billed to Tenant. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises except to the extent caused by Landlord’s negligence or willful misconduct or that of its agents, employees, or contractors. As part of its obligations hereunder, Tenant will regularly and frequently remove and dispose of trash and debris from the Premises, and shall keep the Premises and the surrounding areas outside of the Premises in a clean and sanitary condition, free from any freezing debris, rodents or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilitiespests, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expensesole cost and expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the If Landlord harmless for charges incurred by Xxxxxx. so elects, Landlord may provide and maintain trash receptacles in the Common Areas of the Property for the use and convenience of all tenants in the Property, and in such event, Tenant shall reimburse Landlord for Tenant’s Proportionate Share of the Common Area Maintenance Expenses for the cost of maintaining and removing trash from time to time require such receptacles as a Common Area Maintenance Expense of the Property. Unless Tenant to pay for utility(s) directly to receives written notice from Landlord in addition to the rent payment. No keys will contrary, it shall be issued to Tenant until the appropriate services are put in Tenant’s name sole responsibility to provide general cleaning and verified by Landlord.janitorial services to the Premises at Tenant’s sole cost and

Appears in 2 contracts

Samples: Industrial Lease Agreement, Industrial Lease (Wells Real Estate Investment Trust Ii Inc)

Utilities, Services. The hours of operation of the Project are 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, legal holidays excepted. During such periods, Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment terms of the following utilities/services delivered this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have extent the above Project is plumbed for such services), refuse and trash collection and janitorial services put in their name beginning on the first date occupancy(collectively, “Utilities”). Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing periodUpon request, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be make available at Tenant’s Expensesole cost and expense after hours HVAC. Xxxxxx further agrees to work directly with The minimum use of after hours HVAC and the appropriate utility company cost thereof shall be determined by Landlord and to hold may thereafter be amended by Landlord as the Landlord harmless for charges incurred by Xxxxxx. Landlord same may change from time to time require upon reasonable advance notice to Tenant. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation below, 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. Tenant may cause, as part of Tenant’s Work under the Work Letter, any Utilities to be separately metered or submetered. Tenant shall pay for utility(s) directly to Landlord the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in addition eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer to normal restroom use. Tenant shall have access to the rent paymentPremises and 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. No keys will be issued If Tenant does not elect to Tenant until have the appropriate services are put in Premises metered or submetered for electricity as part of Tenant’s name Work, upon written notice to Landlord delivered following the expiration of the 6th month of Base Term and verified prior to the expiration of the 9th month of the Base Term, Tenant may cause an energy audit of the electrical power being used in the Premises to be conducted by Landlordan energy auditor mutually acceptable to Landlord and Tenant, in their reasonable discretion. If the results of the audit indicate that the electrical power used for the Premises is substantially lower than the amount being paid by Tenant (as reasonably agreed upon by Landlord and Tenant) for electrical power as part of Operating Expenses, Landlord and Tenant shall negotiate in good faith a reasonable adjustment to the amount to be paid by Tenant for electrical power as part of Operating Expenses with respect to future payments of Operating Expenses.

Appears in 2 contracts

Samples: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)

Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, 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. If Tenant’s use of a Utility materially exceeds Tenant’s Share of Utilities, Landlord may cause, at Tenant’s expense, any such Utilities to be separately metered or charged directly to Tenant by the provider. If Landlord otherwise decides to install separate meters or submeters, the cost of such installation will be paid by Landlord outside of Operating Expenses. 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. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, 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 shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition Notwithstanding anything to the rent payment. No keys will be issued contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant until the appropriate services are put in Tenantor any Tenant Party or any matter beyond Landlord’s name reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and verified by Landlord.(ii) such Service Interruption

Appears in 2 contracts

Samples: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)

Utilities, Services. Landlord If marked, the expense and responsibility of the following items are to be that of the Tenant. Electric (all meters) Oven Drip Pans Water (all meters) Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 1 Month Locks/Keys Adding Vinegar to A/C Drain Tube Monthly Water Softener Salt Refrigerator Water Filter Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be responsible for paying for the payment monthly water bill and monthly sewer bill if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility of the following utilities/services TENANT under the lease. TENANT is responsible for any cost related to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment installation and/or maintenance of the following utilities/services delivered phone lines, cable lines, outlets and/or jacks, if TENANT chooses to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility phone land line service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordand/or cable service.

Appears in 1 contract

Samples: Residential Lease

Utilities, Services. Landlord shall be responsible provide, subject to the terms of this Section 11, water, electricity, heating, ventilation and air conditioning (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services) to the payment of Premises and the following utilities/Common Areas, and refuse and trash collection and janitorial services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing periodCommon Areas (collectively, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately“Utilities”). Landlord shall not be liable for damages resulting from any failure pay, as part of any utility Operating Expenses or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage subject to Tenant's property in ’s reimbursement obligation below, for all Utilities used on the leased premises 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. Electricity serving the Premises is separately submetered and commencing on the Commencement Date, Tenant shall pay for electricity consumed in the Premises based on such submeter. Landlord may cause, at Landlord’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. Tenant shall pay, as part of Operating Expenses, its share of all such loss charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or damage caused by failure of Utilities, from any freezing cause whatsoever, shall result in eviction or other problems which result from constructive eviction of Tenant's failure , termination of this Lease or the abatement of Rent. Tenant may elect upon delivery of written notice to Landlord to obtain and pay directly for its own janitorial services for the Premises. Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service janitorial services to the Premises, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further Tenant agrees to work directly limit use of water and sewer with the appropriate utility company and respect to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time Common Areas to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordnormal restroom use.

Appears in 1 contract

Samples: Lease Agreement (Seres Therapeutics, Inc.)

Utilities, Services. Tenant agrees to put the following utilities in Tenant’s name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric X , Gas X , Trash . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric , Gas , Trash . For utilities that are in Landlord’s name, Tenant shall pay a monthly flat fee of $ 50.00 , which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant shall pay a monthly flat fee of $ 40.00 , for trash service which shall include one trash bin ( 65 gallon or X 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion), which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash service provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash, such as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted, at Landlord’s sole discretion, to remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any municipal ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the payment yard, or any newspapers, whether or not Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes that are 39.37 inches or less in diameter that receive direct broadcast satellite service, fixed wireless signals via satellite, or wireless cable that receives broadband radio service or fixed wireless signals, which are professionally installed in a safe manner, are located on the side or rear of the following utilities/services dwelling and are ground mounted, are permitted. The location should be selected in a manner that will not cause a nuisance to other lots. If such location would impair the signal strength, the satellite dish may be installed at such location as is necessary to avoid impairment of the signal strength, provided that no mounting or installation shall be performed in a manner that requires the drilling of any holes or the placement of any screws into the siding or the roof, without the prior written consent of Landlord. No other antenna or other device for the transmission or reception of television or radio signals, or any other form of electromagnetic radiation, may be installed or maintained on the exterior of any lot, unless approved in writing by Landlord. To the extent the application of this provision would violate any provision of the Over-the-Air Reception Devices rules adopted by the Federal Communication Commission, this provision shall be deemed amended, as necessary, to meet the minimum requirements of such rules. Tenant shall not allow any utility for which Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on 08/03/2019, and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to Landlord, in addition to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: utility xxxx and related charges. Tenant shall be responsible for any damages arising from the payment disconnection of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into that are Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyresponsibility, including any disconnect or reconnect fees. Landlord shall not be liable for damages resulting from any failure disruption of service of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordutility.

Appears in 1 contract

Samples: Rental Agreement

Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises any services or utilities (including, without limitation, telephone or internet services) of any kind and shall have no liability for the payment of the following utilities/any interruption in utilities or services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered Subleased Premises; provided, however, that to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed pay to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement Sublandlord (upon receipt of invoice from Landlordinvoice) the amounts necessary to reimburse Sublandlord for the actual costs of providing such services. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) or damage to property resulting from any condition abatement of leased premisesRent, unless Sublandlord receives such damage an abatement from Master Landlord, in which case such abatement shall be passed through to Subtenant, or such failure is the proximate a result of the Sublandlord’s gross negligence or unlawful act of Landlordwillful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for all such loss or damage caused by any freezing or other problems which result from Tenant's failure additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to provide proper heating the contrary in this Sublease or the termination Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of utilities due the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to non-payment of bills be performed under the Master Lease by Tenant. Tenant has an obligation Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to notify Master Landlord prior for such performance, subject to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by LandlordSection 13.2.

Appears in 1 contract

Samples: Sublease (Dynavax Technologies Corp)

Utilities, Services. Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), janitorial services and refuse and trash collection (collectively, “Utilities”) required and/or utilized by Tenant during the Term. Upon Tenant’s request, Landlord shall be responsible for assist Tenant, at no material cost to Landlord, in facilitating Tenant’s establishment of services with the payment of the following utilities/services applicable Utility providers. All Utilities to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Premises shall be separately metered and Tenant shall be responsible pay directly to such Utility providers prior to delinquency for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any all such bills for these services intermittently billed to Landlord during this tenancy will be charged back Utilities furnished to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after or the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves Project during the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises Term and shall pay for all such loss maintenance charges for Utilities, and any storm sewer charges or damage caused other similar charges for Utilities imposed by any freezing Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other problems which similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result from in eviction or constructive eviction of Tenant's failure , termination of this Lease or the abatement of Rent. Tenant agrees, to extent required by Legal Requirements or any Governmental Authority, to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due with access to Tenant’s negligence water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to pay utilities, abandonmentLandlord’s Measurabl online portal, or by another delivery method reasonably agreed to inform by Landlord of shut off and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordincluded as part of Operating Expenses.

Appears in 1 contract

Samples: Lease Agreement (Adaptive Biotechnologies Corp)

Utilities, Services. Landlord Tenant shall be solely responsible for and promptly pay directly to the payment companies providing same, all charges for heat, water and sewer, gas, electricity, air conditioning or any other utility used or consumed in the Leased Premises from and after the date possession of the following utilities/Premises are delivered to Tenant, and, except for the water and sewer, Landlord represents to Tenant that, all such utilities for Tenant are currently separately metered to the Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any of the utility services shall never exceed the capacity of the mains, ducts and conduits bringing utility services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Building and/or the Premises. Tenant shall pay for any necessary maintenance charges for utility services provided to the Premises, and shall furnish all of the replacement electric lighting bulbs and tubes for the Premises. Except as otherwise set forth in this Section 4.5, in no event shall Landlord be liable for any interruption or failure of utility services and/or any other building services for Tenant, and/or for the Premises. Notwithstanding anything contained in this Lease to the contrary, in the event Landlord shall fail to provide the services Landlord is required to provide to Tenant under this Lease, or otherwise comply with its obligations under Section 7.2 (collectively, a “Service Failure”) as a result of Landlord’s negligent acts or omissions, other than as a result of Tenant’s and/or Tenant’s agents, employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of the Premises for more than an five (5) business days, Tenant shall be responsible entitled to proportionate abatement of rent for the payment period Tenant is reasonably unable to use or conduct its operations in part or all of the following utilities/services delivered to Premises. If the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Service Failure is a result of Landlord’s negligent act or omission, Tenant shall have the above right to terminate this Lease if Landlord fails or is unable to restore such services put within sixty (60) days from the date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any a substantial part or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 1 contract

Samples: Lease (Social Capital Suvretta Holdings Corp. I)

Utilities, Services. Landlord shall be responsible provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the payment Common Areas (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, 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, but in all instances only the actual amount charged by such Utility provider or Governmental Authority shall be included as part of Operating Expenses, and Landlord shall not add any surcharge or other internal charge to such amounts. Notwithstanding the following utilities/services foregoing, any late fees, penalties or other charges associated with Landlord’s failure to timely pay any amounts due and payable by Landlord for Utilities shall not be included as part of Operating Expenses unless Landlord’s failure to timely pay for Utilities is due to Tenant’s failure to pay any amounts due from Tenant hereunder. If Landlord determines, in its reasonable discretion, that Tenant is using more than its pro rata share of jointly metered Utilities, Landlord may cause, at Tenant’s expense, such Utilities to be separately metered or charged directly to Tenant by the provider. The immediately prior sentence shall not apply to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: original Premises. 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. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, 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. Tenant shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Net Multi-Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.Laboratory 410 W. Xxxxxxxx/PhaseRx - Page 12

Appears in 1 contract

Samples: Lease Agreement (Phaserx, Inc.)

Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises any services or utilities (including without limitation telephone or internet services) of any kind and shall have no liability for the payment of the following utilities/any interruption in utilities or services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered Subleased Premises; provided, however, that to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed pay to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement Sublandlord (upon receipt of invoice from Landlordinvoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services (all as reasonably determined by Sublandlord). If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) abatement of rent or damage to property resulting from any condition of leased premisesother charge, unless such damage failure is the proximate a result of the Sublandlord’s gross negligence or unlawful act of Landlordwillful misconduct or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for all such loss or damage caused by any freezing or other problems which result from Tenant's failure additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to provide proper heating the contrary in this Sublease or the termination Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of utilities due the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to non-payment of bills be performed under the Master Lease by Tenant. Tenant has an obligation Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to notify Master Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordsuch performance.

Appears in 1 contract

Samples: Sublease (Atreca, Inc.)

Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises with any services or utilities (including without limitation telephone or internet services) of any kind and shall have no liability for the payment of the following utilities/any interruption in utilities or services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancySubleased Premises. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) or damage to property resulting from any condition abatement of leased premisesRent, unless such damage failure is the proximate a result of the Sublandlord’s negligence or unlawful act of Landlordwillful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for all such loss or damage caused by any freezing or other problems which result from Tenant's failure additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to provide proper heating the contrary in this Sublease or the termination Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of utilities due the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to non-payment of bills be performed under the Master Lease by Tenant. Tenant has an obligation Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to notify Master Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordsuch performance.

Appears in 1 contract

Samples: Sublease (LMP Automotive Holdings, Inc.)

Utilities, Services. Landlord Tenant shall be responsible pay for all utility services furnished for the payment operation of the following utilities/services Premises. Tenant shall apply to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: applicable utility company or municipality for gas, electricity, telephone and all other utility services required by Tenant for use in the Premises, and Tenant shall be responsible for the payment connection and installation of same. In the following utilities/services delivered event that any such utilities are provided to Tenant in common with other tenants in the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Building and not metered directly to Tenant, Tenant agrees to pay Landlord for such utility usage based upon Landlord’s allocation of such utility usage among such tenants, including Tenant. In the event Tenant fails to pay any utility xxxx within forty-five (45) days after the due date, Landlord may but shall not be obligated to pay such bills (without any duty to investigate the validity thereof). in which event Tenant shall have immediately reimburse Landlord for the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated amount paid by Landlord immediatelyplus interest at the default interest rate set forth in this lease. Landlord shall not be liable for damages resulting from provide any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility janitorial service to the Premises. Any damage Tenant shall be responsible, at its sole cost and expense, for providing janitorial service to the Premises on a daily basis, or loss incurred due alternatively, securing a janitorial service contract for the Premises which is reasonably acceptable to Landlord. Tenant shall have the right to 24/7 365 Day access to the Premises. Landlord shall clear sidewalks and Parking areas of snow and debris as Landlord deems reasonably necessary. Landlord shall properly maintain the exterior lighting from Premises office doors to the parking lot. Tenant agrees that Landlord and its agents shall not be liable in damages. by abatement of Rent or otherwise, for any failure of Tenant to secure gas, electrical or other utility services from local utilities. Tenant further agrees that Landlord and its agents shall not be liable in damages, by abatement of Rent or otherwise, for Landlord’s failure to furnish or delay in furnishing any service which Landlord is obligated to provide pursuant to the terms and provisions of this lease, or for Landlord’s failure to perform or delay in performing any other obligation required to be performed by Landlord under this lease or by operation of law, when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any cause beyond the reasonable control of Landlord; and such failures or delays, or the nonexistence of any utility, whether occasioned by Landlord or some third party, shall never be deemed to constitute an eviction or disturbance of the Tenant’s negligence use and possession of the Premises or relieve the Tenant from paying Rent or performing any of its obligations under this lease. Tenant will look to pay utilitiesits own business interruption insurance for any losses or damages arising from such interruptions. Tenant agrees to cooperate fully. at all times, abandonmentwith Landlord in abiding by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of all utilities and services reasonably necessary for the operation of the Premises and the Building. Landlord, or throughout the term of this lease, shall have free access to inform Landlord of shut off any and all mechanical installations, and Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with the moving of the servicing equipment of Landlord to or from the enclosures containing said installations, provided that Landlord gives Tenant at least 24 hour’s advance notice of such access (except in cases of emergency), and that such access does not interfere with the conduct of Tenant’s Expensebusiness. Xxxxxx Tenant further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time to time require Tenant to pay for utility(s) directly to Landlord tamper with, adjust or otherwise in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenantany manner affect Landlord’s name and verified by Landlordmechanical installations.

Appears in 1 contract

Samples: Haemonetics Corp

Utilities, Services. Landlord shall be responsible Tenant agrees at its own cost and expense, to pay for all water, gas, sewer (and septic tank service, if any), power and electric current, garbage collection and/or compacting, and other similar utilities or services used by the payment Tenant on the Premises and for all connection and/or hookup fees, standby charges, service fees, whether charged before or after completion of the following utilities/services to Premises and/or the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible Building, maintenance, repair, replacement and inspection service for fire sprinkler system, drainage and sewer facilities, and all utilities from and after the payment delivery of possession of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Premises by Landlord. If after separate meters are provided for Tenant, the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result cost of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to meters, deposit for meters, and their installation shall be at Tenant's property expense. In addition to the Rent specified in the leased premises and Article 2, Tenant shall pay as additional rent a utility charge to reimburse Landlord for all such loss or damage caused utilities furnished by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service Landlord, if any, to the Premises. Any damage or loss incurred due If Tenant installs upon the Premises any electrical equipment which constitutes an overload on the electrical lines of the Premises, Tenant shall at its own expense make whatever changes are necessary to Tenant’s negligence to pay utilitiescomply with the requirements of the insurance underwriters and any governmental authority having jurisdiction thereover, abandonment, or to inform Landlord of shut off but nothing herein contained shall be deeded to constitute Landlord's consent to such overloading. Tenant agrees at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company its own cost and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant expense to pay for utility(s) directly all lawn and yard care and maintenance and to maintain all landscaping in good repair and condition, specifically including the waterfall. Tenant shall not alter or remove the landscaping, including the waterfall, without the express, written consent of the Landlord. Landlord in addition shall be permitted to remove the waterfall and surrounding landscaping at its own election and expense. Tenant agrees at its own cost and expense to pay for all security and fire alarm system maintenance and cost, including false alarm costs, and Tenant further agrees that any changes, alterations, or additions to the rent paymentsecurity/alarm system are to be provided and performed by X. Xxxxxxx with Tri-City Sales, Incorporated, at Tenant's sole cost and expense. No keys will Tenant agrees at its own cost and expense to pay for all telephone system maintenance and cost and that any changes, alterations, or additions to the telephone system are to be issued to Tenant until the appropriate services are put in provided and performed by Telco Wiring & Repair, Inc., at Tenant’s name 's sole cost and verified by Landlordexpense.

Appears in 1 contract

Samples: Lease Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, heat, light, power, sewer, natural gas and other utilities, refuse and trash collection and janitorial services (collectively, “Utilities”) to the Building. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, 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. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall be responsible for the payment of the following utilities/services delivered pay directly to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, as except as provided for in the paragraph below, the abatement of Rent. In the event of an interruption or failure of Utilities, Tenant shall have the above self-help rights provided for in Section 31. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall contract directly and pay for telephone, internet, date and telecommunication services put in their name beginning on to the first date occupancyPremises. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Notwithstanding the foregoing, Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right from time to charge time, upon 30 days prior written notice to Landlord, to elect to contract directly and administration fee of $25.00 pay for janitorial services to tenant the Premises in which case, during such periods where Tenant is contracting directly and will notify Tenant that such service(spaying for janitorial services to the Premises, (i) will be terminated by Landlord immediately. Landlord shall not be liable required to provide any janitorial services to the Premises and (ii) Tenant shall not be charged for damages resulting from janitorial services to the Premises or other tenants’ premises as part of Operating Expenses. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is not due in any failure of any utility or for injury part to any person act or omission on the part of Tenant or any Tenant Party (including deathas hereinafter defined) or damage (any such stoppage of an Essential Service being hereinafter referred to property resulting as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive days after Landlord shall have received written notice thereof from any condition of leased premisesTenant, unless such damage is the proximate and (iii) as a result of such Service Interruption, the negligence or unlawful act conduct of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.normal

Appears in 1 contract

Samples: Lease Agreement (Juno Therapeutics, Inc.)

Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises with any services or utilities (including without limitation telephone or internet services). Notwithstanding the foregoing, to the extent that utilities serving the Subleased Premises (excluding telephone and internet) are not separately metered, Sublandlord shall establish an account for the payment such utilities and Subtenant shall pay to Sublandlord, as additional rent hereunder, Subtenant’s Share of the following utilities/services cost of such utilities (such utilities are referred to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancyherein as “Sublandlord-Provided Utilities”). Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) or damage to property resulting from any condition abatement of leased premisesRent, unless such damage failure is the proximate a result of the Sublandlord’s gross negligence or unlawful act willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Master Landlord, Sublandlord’s obligation shall be to use commercially reasonable efforts to cause Master Landlord to so perform (but Sublandlord shall not be required to file a legal action to so enforce such matter). Tenant expressly assumes Notwithstanding the risk of loss foregoing, should Sublandlord’s negligent acts or damage to Tenant's property willful misconduct result in any interruption, cessation or disturbance in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination provision of utilities due to nonSubtenant-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service Provided Utilities to the Subleased Premises that materially impairs Subtenant’s use and occupancy of the Subleased Premises, such that Subtenant is prevented from using, and does not use the Subleased Premises or any portion thereof, for more than three (3) consecutive days, commencing on the fourth (4th) day after the commencement of such interruption, cessation or disturbance, the Rent payable hereunder by Subtenant shall xxxxx during such time that Subtenant continues to be so prevented from using, and does not use, the Subleased Premises or a portion thereof, in the proportion that the square feet of the portion of the Subleased Premises that Subtenant is prevented from using, and does not use, bears to the total square feet of the Subleased Premises; provided, however, that Subtenant shall not be entitled to abatement or reduction of Rent to the extent the matters described in this sentence above arise out of or results from a matter outside of Sublandlord’s reasonable control. Any To the extent Subtenant shall be entitled to abatement of Rent because of a damage or loss incurred due destruction or a taking pursuant to Tenant’s negligence to pay utilitiesSection 29 below, abandonment, or to inform Landlord then the terms of shut off the immediately prior sentence shall not be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordapplicable.

Appears in 1 contract

Samples: Sublease (Adverum Biotechnologies, Inc.)

Utilities, Services. Tenant shall promptly pay directly to the appropriate utility or service provider, as the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Lease Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees, and (b) penalties for discontinued or interrupted service. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Building or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any “Lines” in the Premises, except in accordance with Paragraph 24 below or the Tenant Improvement Agreement. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant’s business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rental, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other Applicable Laws permitting the termination of this Lease due to such failure or interruption. Notwithstanding the foregoing or anything to the contrary contained in this Lease, if Tenant is prevented from using, and does not use, the Premises or any material portion thereof as a consequence of a cessation of utilities (i) not caused by Tenant or any Tenant Party and either within the reasonable control of Landlord to correct or covered by rental interruption insurance then carried by Landlord or (ii) caused by the negligence or willful misconduct of any Landlord Indemnitee (each, a “Utility Cessation Event”), then Tenant shall give Landlord notice of such Utility Cessation Event, and if such Utility Cessation Event continues for more than five (5) consecutive business days after Landlord’s receipt of such notice (“Utility Cessation Abatement Period”), then the Basic Monthly Rent and Tenant’s Percentage Share of Operating Expenses and Real Property Taxes shall be responsible for the payment abated after expiration of the following utilities/services Utility Cessation Abatement Period and continuing for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the Premises that Tenant is prevented from using, and does not use, bears to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: total rentable area of the Premises. Such right to xxxxx Basic Monthly Rent and Tenant’s Percentage Share of Operating Expenses and Real Property Taxes shall be Tenant’s sole and exclusive remedy at law or in equity for a Utility Cessation Event; provided, however, that if a Utility Cessation Event continues for nine (9) months after Landlord’s receipt of notice thereof from Tenant, then Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall thereafter have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee terminate this Lease by delivery of $25.00 written notice of termination to tenant and will notify Tenant that such service(s) will be terminated Landlord at any time prior to cessation of the Utility Cessation Event. Except in the event the Utility Cessation Event results from a default by Landlord immediately. under this Lease, (1) Tenant’s termination shall constitute an election of remedies, and (2) Landlord shall not be liable for damages resulting from any failure have no liability to Tenant in connection with such Utility Cessation Event. The provisions of any utility this Paragraph 10.1 shall survive the expiration or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the earlier termination of utilities due to non-payment this Lease until all claims within the scope of bills this Paragraph 10.1 are fully, finally and absolutely barred by Tenant. Tenant has an obligation to notify Landlord prior to any interruption the applicable statutes of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordlimitations.

Appears in 1 contract

Samples: Lease (Harmonic Inc)

Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises with any services or utilities (including, without limitation, telephone or internet services) of any kind and shall have no liability for the payment of the following utilities/any interruption in utilities or services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered Subleased Premises; provided, however, that to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed pay to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement Sublandlord (upon receipt of invoice from Landlordinvoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) or damage to property resulting from any condition abatement of leased premisesRent, unless such damage failure is the proximate a result of the Sublandlord’s negligence or unlawful act of Landlordwillful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for all such loss or damage caused by any freezing or other problems which result from Tenant's failure additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to provide proper heating the contrary in this Sublease or the termination Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of utilities due the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to non-payment of bills be performed under the Master Lease by Tenant. Tenant has an obligation Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to notify Master Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordsuch performance.

Appears in 1 contract

Samples: Sublease (Dynavax Technologies Corp)

AutoNDA by SimpleDocs

Utilities, Services. Landlord shall be responsible for the payment of the following utilitiesutilities and services that serve the Premises, subject to reimbursement of same as provided for herein (check those that apply): Electricity Gas Water/services to the premises: Electric Gas Water Sewer Telephone & Data Service Trash Sewer Cable TV Telephone Other: Security Alarm Monitoring Janitorial Service & Supplies Tenant shall be responsible for the direct payment or reimbursement to Landlord of the following utilitiesutilities and services that serve the Premises (check those that apply): Electricity Gas Water/services delivered Sewer Telephone & Data Service Trash Security Alarm Monitoring Janitorial Service & Supplies In the event any of Tenant's afore-mentioned utilities are not separately metered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Premises, Tenant shall have pay at Landlord's option, either Tenant's Share or a reasonable proportion to be determined by Landlord of all charges jointly metered with other Premises in the above Building. Said services put in their name beginning on the first date occupancyand utilities shall be provided during generally accepted business days and hours or such other days or hours as may hereafter be set forth. Any such bills for these Utilities and services intermittently billed required at other times shall be subject to advance request and reimbursement by Tenant to Landlord during this tenancy will be charged back of the cost thereof. Tenant shall not make connection to Tenant the utilities except by or through existing outlets and shall be due not install or use machinery or equipment in or about the Premises that uses excess water, lighting, or power, or suffer or permit any act that causes extra burden upon the utilities or services. Landlord shall require Tenant reimburse Landlord for reimbursement upon receipt any excess expenses or costs that may arise out of invoice from Landlord. If after the first billing period, any a breach of this subparagraph by Tenant at actual cost or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee at a predetermined rate of $25.00 50.00 per hour of usage. Landlord may, in its sole discretion, install at Tenant's expense supplemental equipment and/or separate metering applicable to tenant Tenant's excess usage or loading. There shall be no abatement of rent and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable in any respect whatsoever for damages resulting from any failure the inadequacy, stoppage, interruption, or discontinuance of any utility or for injury service due to any person (including death) or damage to property resulting from any condition of leased premisesriot, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing strike, labor dispute, breakdown, accident, repair, or other problems which result cause beyond Landlord's reasonable control or in cooperation with governmental request or directions. Promptly upon request from Landlord,, Tenant shall provide monthly electricity and other utility usage data for the Premises to Landlord for the period of time requested by Landlord in electronic or paper format, or, at Landlord’s sole option, provide any written authorization or other documentation required for Landlord to request information regarding Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of ’s electricity and other utility service usage data with respect to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work Premises directly with from the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordcompany.

Appears in 1 contract

Samples: www.sbcounty.gov

Utilities, Services. The hours of operation of the Building are 6:00 a.m. to 6:00 p.m., Monday through Friday, legal holidays excepted. During such periods, Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Upon reasonable advance notice from Tenant to Landlord, Landlord shall make available after hours HVAC or ventilation. Commencing on the Commencement Date, Tenant shall be responsible for the payment of the following utilities/services delivered required to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed pay to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after a fee at the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee rate of $25.00 to tenant 266.97 per operating hour for providing such after-hours HVAC and will notify Tenant that $126.63 per operating hour for providing such service(s) will after-hours ventilation, which fees may be terminated amended by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant upon reasonable advance written notice to pay Tenant. The minimum use of after-hours HVAC shall be determined by Landlord and may thereafter be amended by Landlord as the same may change from time to time upon reasonable advance notice to Tenant. Landlord shall pay, as Operating Expenses or subject to Xxxxxx’s reimbursement obligation below, for utility(s) 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. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Landlord in addition Tenant by the provider. Tenant shall pay directly to the rent paymentUtility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Excess Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No keys will be issued interruption or failure of Utilities, from any cause whatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as expressly provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant until or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 3 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the appropriate services are put in conduct of Tenant’s name and verified by Landlord.normal Net Multi-Tenant Office/Laboratory 611 Gateway – Suite 740/Spruce Bio - Page 12

Appears in 1 contract

Samples: Lease Agreement (Spruce Biosciences, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, potable water (within 60 days after full execution of this Lease), electricity, heat, ventilation, air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, "UTILITIES"). Any use by Tenant of Utilities shall be responsible allocated to and paid by Tenant on such basis as Landlord shall determine for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Project. Tenant shall be responsible for the payment entitled to use its pro rata share of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyUtilities. Landlord shall not be liable for damages resulting from any failure of any utility pay, as Operating Expenses or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage subject to Tenant's property in reimbursement obligation, for all Utilities used on the leased premises Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any governmental entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. 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. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord and shall pay for all such loss the cost of any after hours Utilities allocated to it by Landlord. No interruption or damage caused by failure of Utilities, from any freezing cause whatsoever other than Landlord's willful misconduct, shall result in eviction or other problems which result from constructive eviction of Tenant's failure to provide proper heating , termination of this Lease or the termination abatement of utilities due to non-payment of bills by TenantRent. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly limit use of water and sewer with respect to Common Areas to normal restroom use. If there is any interruption, failure, stoppage or interference of the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.utilities,

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Utilities, Services. Landlord shall be responsible provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the payment Common Areas (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, 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, but in all instances only the actual amount charged by such Utility provider or Governmental Authority shall be included as part of Operating Expenses, and Landlord shall not add any surcharge or other internal charge to such amounts. Notwithstanding the following utilities/services foregoing, any late fees, penalties or other charges associated with Landlord’s failure to timely pay any amounts due and payable by Landlord for Utilities shall not be included as part of Operating Expenses unless Landlord’s failure to timely pay for Utilities is due to Tenant’s failure to pay any amounts due from Tenant hereunder. If Landlord determines, in its reasonable discretion, that Tenant is using more than its pro rata share of jointly metered Utilities, Landlord may cause, at Tenant’s expense, such Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, 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. Tenant shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Phaserx, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, potable water (within 60 days after full execution of this Lease), electricity, heat, ventilation, air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Any use by Tenant of Utilities shall be responsible allocated to and paid by Tenant on such basis as Landlord shall determine for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Project. Tenant shall be responsible for the payment entitled to use its pro rata share of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyUtilities. Landlord shall not pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, 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 entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be liable for damages resulting from any failure of any utility separately metered or for injury charged directly to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is Tenant by the proximate result of the negligence or unlawful act of Landlordprovider. Tenant expressly assumes shall pay directly to the risk Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of loss or damage to Tenant's property in the leased premises Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord and shall pay the cost of any after hours Utilities allocated to it by Landlord. No interruption or failure of Utilities, 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. If there is any interruption, failure, stoppage or interference of the utilities, services or access to the Premises or the Premises cannot be used due to the presence of any Hazardous Materials on or about the Building or the Project (except to the extent released or emitted in violation of Section 30 hereof), and such interruption continues for all such loss seven (7) consecutive calendar days, then Tenant shall be entitled to an equitable abatement of Rent to the extent of the interference with Tenant’ s use of the Premises occasioned thereby. Landlord’s sole obligation for either providing emergency generators or damage caused by any freezing or other problems which result from Tenant's failure providing emergency backup power to Tenant shall be: (i) to provide proper heating emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the termination third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of utilities replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to non-payment of bills by Tenant. Tenant has an the inability to obtain parts or replacement equipment, Landlord shall have no obligation to notify Landlord prior to any interruption provide Tenant with an alternative back-up generator or generators or alternative sources of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordback-up power.

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Utilities, Services. Landlord shall furnish the Premises with electricity for office use, including lighting and low power usage for office machines and water for restroom facilities. Landlord shall furnish the Premises with heat and air conditioning services as required, in Landlord's judgment, for the comfortable use and occupancy of the Premises. Landlord shall provide further services (such as janitorial services and trash disposal) if Landlord and Tenant specifically agree to such additional services and identify such services with specificity on Exhibit F hereto. The mechanical system is designed to accommodate heating loads generated by the types and quantities of lights and equipment commonly found in suburban office park general administrative offices. Before installing lights and equipment in the Premises which in the aggregate exceed such amount (e.g. devoting the Premises to high density computer work station operations) or require a voltage other than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay Landlord's costs of installing any supplxxxxxxry air conditioning or electrical systems required by such equipment or lights. In addition, Tenant shall pay Landlord in advance, as additional rent, on the first day of each month during the Term, the amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment or lights and the amount estimated by Landlord as the cost of operating and maintaining supplementary air conditioning units necessitated by Tenant's use of such equipment or lights. Landlord shall be responsible entitled to install and operate, at Tenant's cost, a monitoring/metering system in the Premises to measure the added demands on electricity and the HVAC systems resulting from such equipment and lights, and from Tenant's HVAC requirements during other than Normal Business Hours. Tenant shall comply with Landlord's instruction for the payment use of drapes, blinds and thermoxxxxx. Tenant acknowledges that Landlord shall have sole control over the following utilities/determination of what utility providers serve the Project, and Landlord shall have no obligation to give access or easement rights or otherwise allow onto the Project any utility providers except those approved by Landlord in its discretion. . If, for any reason, Landlord permits Tenant to purchase utility services from a provider other than Landlord's designated compan(ies), such provider shall be considered a contractor of Tenant and Tenant shall indemnify defend and hold Landlord harmless from such provider's acts and omissions while in, or in connection with their services to, the Building or Project in accordance with the terms and conditions of Article 15. In addition, Tenant shall allow Landlord to purchase such utility service from Tenant's provider at Tenant's rate or at such lower rate as can be negotiated by the aggregation of Landlord's tenants' requirements for such utility. Except for the costs of above-building standard and/or after-hours services, which shall be paid directly by Tenant, the costs of all utilities and services provided pursuant to this Section 12 shall be Expenses allocated to Tenant as part of Tenant's Share of Expenses pursuant to Section 4(b). above. Tenant shall pay when due and directly to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant service provider any telephone or other services metered, chargeable or provided to the Premises and not charged as part of Tenant's Share of Expenses. Landlord does not warrant that any utilities or services will be free from interruption including by reason of accident, repairs, alterations or improvements and including by reason of computer programming weaknesses known generally as the "Year 2000" problem. No utility interruption shall be responsible deemed an eviction or disturbance of Tenant, or render Landlord liable to Tenant for damages, or relieve Tenant from the full and complete performance of all of Tenant's obligations under this Lease. Landlord shall provide such security for the payment of the following utilities/services delivered Project as it deems appropriate. During other than Normal Business Hours, Landlord may restrict access to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have Project in accordance with the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyProject's security system. Landlord shall not be liable for damages resulting from any failure of any utility or to Tenant for injury to any person (including death) its agents, employees, customers or damage invitees, or for losses due to theft or burglary, or for damages done by unauthorized persons in the Project. Landlord shall provide two keys for the corridor door entering the Premises, and additional keys at a charge by Landlord on an order signed by Tenant. All such keys shall remain the property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. No additional locks shall be allowed on any door of the Premises without Landlord's written permission, and Tenant expressly assumes the risk of loss shall not make, or damage permit to Tenant's property in the leased premises and shall pay for all such loss or damage caused be made, any duplicate keys, except those furnished by any freezing or other problems which result from Tenant's failure to provide proper heating or the Landlord. Upon termination of utilities due this Lease, Tenant shall surrender to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service all keys to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 1 contract

Samples: Work Letter Agreement (Neah Power Systems, Inc.)

Utilities, Services. Xxxxxx agrees to put the following utilities in Xxxxxx’s name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric X , Gas X , Trash . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric , Gas , Trash . For utilities that are in Landlord’s name, Tenant shall pay a monthly flat fee of $ 50.00 , which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant shall pay a monthly flat fee of $ 40.00 , for trash service which shall include one trash bin ( 65 gallon or X 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion), which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash service provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash, such as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Xxxxxx’s expense. Third party services may be contracted, at Xxxxxxxx’s sole discretion, to remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any municipal ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the payment yard, or any newspapers, whether or not Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes that are 39.37 inches or less in diameter that receive direct broadcast satellite service, fixed wireless signals via satellite, or wireless cable that receives broadband radio service or fixed wireless signals, which are professionally installed in a safe manner, are located on the side or rear of the following utilities/services dwelling and are ground mounted, are permitted. The location should be selected in a manner that will not cause a nuisance to other lots. If such location would impair the signal strength, the satellite dish may be installed at such location as is necessary to avoid impairment of the signal strength, provided that no mounting or installation shall be performed in a manner that requires the drilling of any holes or the placement of any screws into the siding or the roof, without the prior written consent of Landlord. No other antenna or other device for the transmission or reception of television or radio signals, or any other form of electromagnetic radiation, may be installed or maintained on the exterior of any lot, unless approved in writing by Landlord. To the extent the application of this provision would violate any provision of the Over-the-Air Reception Devices rules adopted by the Federal Communication Commission, this provision shall be deemed amended, as necessary, to meet the minimum requirements of such rules. Tenant shall not allow any utility for which Xxxxxx is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on 08/03/2019, and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to Landlord, in addition to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: utility bill and related charges. Tenant shall be responsible for any damages arising from the payment disconnection of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into that are Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyresponsibility, including any disconnect or reconnect fees. Landlord shall not be liable for damages resulting from any failure disruption of service of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordutility.

Appears in 1 contract

Samples: Rental Agreement

Utilities, Services. Landlord Tenant shall be responsible contract directly with utility providers for the payment of the following utilities/services all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for 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. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition Notwithstanding anything to the rent payment. No keys will be issued contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant until the appropriate services are put in Tenantor any Tenant Party or any matter beyond Landlord’s name and verified by Landlord.reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Net Laboratory 3013 Science Park/The Medicines Company - Page 35

Appears in 1 contract

Samples: Lease Agreement

Utilities, Services. Landlord shall be responsible provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (consistent with similar laboratory/office buildings in the Cambridge, Massachusetts area) for the payment Premises and the Common Areas of the following utilities/Building (collectively, “Utilities”) in compliance with the schedule of services attached hereto as Exhibit H. As part of the Tenant Improvements, Tenant shall cause the Premises to be separately metered or submetered for electricity and, commencing on the date of Tenant’s installation of such meter or submeter which shall occur no later than the Rent Commencement Date, Tenant shall pay for electricity consumed in the Premises based on such meter or submeter. Tenant shall pay directly to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Utility provider, prior to delinquency, the cost of separately metered electricity or other Utilities furnished to Tenant or the Premises during the Term. If electricity to the Premises is submetered, Tenant shall be responsible pay to Landlord the cost of electricity furnished to the Premises based on the submeter as Additional Rent. With the exception only of electricity (or any other Utilities) separately metered or submetered to the Premises as provided above, Tenant shall pay, as part of Excess Operating Expenses (except to the extent expressly excluded from Operating Expenses pursuant to Section 5), its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord taking into consideration the payment use of the following utilities/services delivered Premises for office purposes as compared to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: use of other portions of the Building for laboratory purposes. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as provided in the immediately following paragraph, the abatement of Rent). Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed agrees to Landlord during this tenancy will be charged back limit use of water and sewer with respect to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right Common Areas to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelynormal restroom use. Landlord shall not be liable charge Tenant any xxxx-up or premium over the actual costs incurred by Landlord in connection with the Building’s heating, ventilation and air-conditioning systems (“HVAC”) systems. Landlord’s sole obligation for damages resulting from any failure of any utility either providing emergency generators or for injury providing emergency back-up power to any person Tenant shall be: (including deathi) or damage to property resulting from any condition of leased premises, unless such damage is provide emergency generators with not less than the proximate result capacity of the negligence emergency generators located in the Building as of the Commencement Date, which are designed to deliver emergency back up power to the Premises of 4 xxxxx per rentable square foot of the Premises, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or unlawful act back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of Landlordreplacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly assumes acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by TenantPremises when needed. Tenant has an obligation to notify Landlord prior to any interruption agrees that its use of utility service to emergency back up power will not exceed 4 xxxxx per rentable square foot of the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Elan Corp PLC)

Utilities, Services. Tenant shall pay for water, gas, electricity, sewer, trash collection and removal, janitorial supplies and services, telecommunications, data and any other utilities or services used on or provided to the Building and/or the Exterior Areas. Tenant shall obtain all utilities and services in Tenant’s own name and timely pay for the costs therefor directly to the respective utility and/or service provider. Notwithstanding the foregoing, if a utility cannot be obtained in Tenant’s own name (e.g., because the utility (such as water or sewer) must be in the name of the owner of the Building), then Landlord shall be responsible retain any such utility in Landlord’s own name, in which event Tenant (at Landlord’s option) shall either pay for the payment costs therefor (i) directly to Landlord (outside of the following utilities/services Operating Expenses), as Additional Rent, within 30 days after being billed, or (ii) through Operating Expenses. The cost of any utility or service supplied to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant Exterior Areas shall be responsible for the payment of the following utilities/services delivered included in Operating Expenses to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent permitted under this Lease. All utility and service costs shall have include any taxes or other customary charges imposed in connection therewith by the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing periodutility or service provider, any supplier or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelygovernmental authority having jurisdiction. Landlord shall not be responsible or liable for damages resulting any interruption in utilities or services, or for any injury to property caused thereby, nor shall such interruption affect the continuation or validity of this Lease, give rise to an abatement or relieve Tenant from full performance of Tenant’s obligations under this Lease, except pursuant to Applicable Laws. Notwithstanding the foregoing, except for events related to Force Majeure, in the event that any utility is not delivered for a period in excess of 3 consecutive business days, and as a result of such circumstance any portion of the Premises is rendered untenantable (including inability to access the Premises or the Building), Rent shall xxxxx for the duration of such circumstance until the Premises is again tenantable or Tenant conducts business in the Premises or the affected portion thereof, as applicable. Notwithstanding the foregoing, subject to Section 16 below, and except for events related to the acts or omissions of Tenant and/or any Tenant Party, in the event that any utility is not delivered for a period in excess of 180 consecutive days, and as a result of such circumstance 20% or more of the Premises are rendered untenantable, then Tenant, at any time thereafter prior to the date the Premises or the affected portion thereof, as applicable, is again tenantable or Tenant conducts business in the Premises or the affected portion thereof, as applicable, shall have the right to terminate this Lease by giving Landlord prior written notice thereof, in which event this Lease shall automatically terminate and the parties shall be released from any failure of any utility further obligations or liabilities under this Lease, except for injury to any person (including death) such obligations or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant liabilities set forth herein that expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or survive the termination of utilities due to non-payment of bills by Tenantthis Lease. Tenant has an obligation to notify Landlord prior to In the event that any interruption of utility service is not being delivered to the PremisesPremises and as a result of such circumstance any portion of the Premises is rendered untenantable (including inability to access the Premises or the Building), Landlord shall use commercially reasonable efforts, under the circumstances, to cause the interrupted utility to the Premises to be restored as soon as reasonably practicable. Any damage or loss incurred due Landlord shall have the exclusive right to select, and, upon 30 days prior written notice to Tenant’s negligence , to pay utilitieschange, abandonment, the companies providing such utilities or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition services to the rent payment. No keys will be issued to Tenant until Building or the appropriate Premises; provided, however, that (i) the rates for such utilities or services are put commercially reasonable, (ii) such change is without unreasonable diminution in quantity or quality of services, and (iii) Tenant may select its own telecommunication and data services provider (provided, however, that if such telecommunication and/or data services provider is not then serving the Building, then Tenant’s name , at its sole cost and verified by Landlordexpense, is responsible for bringing connectivity of any such provider to the Building and the Premises in compliance with Section 13 of this Lease).

Appears in 1 contract

Samples: Attornment and Non Disturbance Agreement (Prelude Therapeutics Inc)

Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), with respect to the Common Areas only, refuse and trash collection and routine janitorial services (which will be provided with respect to the Common Areas 5 days per week) (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, 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. Landlord may cause, at Tenant’s expense at Landlord’s expense (except to the extent necessary as a result of Tenant’s disproportionate use of Utilities), 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. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, 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. Tenant shall be responsible for obtaining and paying for its own janitorial services for the payment of the following utilities/services delivered Premises. Notwithstanding anything to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall have the above services put in their name beginning on the first date occupancy. Any occur and such bills for these services intermittently billed stoppage is due solely to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord. Tenant expressly assumes ’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the risk conduct of loss or damage to Tenant's property ’s normal operations in the leased premises Premises are materially and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilitiesadversely affected, abandonment, or to inform Landlord of shut off then there shall be at Tenantan abatement of one day’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless Base Rent for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.each day during which such Service Interruption continues after such 5 business day 739800997.11739800997.11 Net Office/Laboratory 1280 Rancho Conejo /Atara - Page 14

Appears in 1 contract

Samples: Lease Agreement (Atara Biotherapeutics, Inc.)

Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, heat, ventilation and air conditioning systems (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Xxxxxx’s reimbursement obligation, 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. Landlord may cause, at Xxxxxxxx’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. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or loss incurred willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s negligence to pay utilitiesnormal operations in the Premises are materially and adversely affected, abandonment, or to inform Landlord of shut off then there shall be at Tenantan abatement of one day’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless Base Rent for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.each day during which such Service Interruption continues after such 5 business day

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, heat, ventilation and air conditioning systems (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Texxxx’x reimbursement obligation, 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. Landlord may cause, at Laxxxxxx’x 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. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or loss incurred willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s negligence to pay utilitiesnormal operations in the Premises are materially and adversely affected, abandonment, or to inform Landlord of shut off then there shall be at Tenantan abatement of one day’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless Base Rent for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.each day during which such Service Interruption continues after such 5 business day

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

Utilities, Services. Tenant agrees to put the following utilities in their name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric , Gas X . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric X , Gas . For utilities that are in the Landlord’s name, Tenant shall pay a monthly flat fee of $ 100.00 , which shall be payable with the monthly rent payment beginning with the Commencement Date. Tenant shall pay a monthly flat fee of $ 25.00 , for trash service which shall include one trash bin ( X 65 gallon or 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion) which shall be payable with the monthly rent payment beginning with the Commencement Date. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash such as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted at Landlord’s sole discretion to remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any City Ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the payment yard, or any newspapers whether or not the Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes may never be installed anywhere on Premises without prior written consent by Landlord and may never be placed on the roof or siding of any structure. Landlord reserves the following utilities/services right to remove and dispose of immediately and without notice, without recourse, any satellite dish found installed without prior written authorization. Tenant shall not allow any utility for which Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on the Commencement Date, and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to Landlord, in addition to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: utility xxxx and related charges. Tenant shall be responsible for any damages arising from the payment disconnection of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in utilities that are their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, responsibility including any disconnect or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyreconnect fees. Landlord shall not be liable for damages resulting from any failure disruption of service of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordutility.

Appears in 1 contract

Samples: Rental Agreement

Utilities, Services. Landlord Tenant shall be solely responsible for and promptly pay directly to the payment companies providing same, all charges for heat, water and sewer, gas, electricity, air conditioning or any other utility used or consumed in the Leased Premises from and after the date possession of the following utilities/Premises are delivered to Tenant, and, except for the water and sewer, Landlord represents to Tenant that, all such utilities for Tenant are currently separately metered to the Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any of the utility services shall never exceed the capacity of the mains, ducts and conduits bringing utility services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Building and/or the Premises. Tenant shall pay for any necessary maintenance charges for utility services provided to the Premises, and shall furnish all of the replacement electric lighting bulbs and tubes for the Premises. Except as otherwise set forth in this Section 4.5, in no event shall Landlord be liable for any interruption or failure of utility services and/or any other building services for Tenant, and/or for the Premises. Notwithstanding anything contained in this Lease to the contrary, in the event Landlord shall fail to provide the services Landlord is required to provide to Tenant under this Lease, or otherwise comply with its obligations under Section 7.2 (collectively, a “Service Failure”) as a result of Landlord’s negligent acts or omissions, other than as a result of Tenant’s and/or Tenant’s agents, employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of the Premises for more than five (5) business days, Tenant shall be responsible entitled to proportionate abatement of rent for the payment period Tenant is reasonably unable to use or conduct its operations in part or all of the following utilities/services delivered to Premises. If the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Service Failure is a result of Landlord’s negligent act or omission, Tenant shall have the above right to terminate this Lease if Landlord fails or is unable to restore such services put within sixty (60) days from the date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any a substantial part or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 1 contract

Samples: Lease (Social Capital Suvretta Holdings Corp. I)

Time is Money Join Law Insider Premium to draft better contracts faster.