Common use of Building Services and Utilities Clause in Contracts

Building Services and Utilities. Landlord shall provide building services comparable to those provided in like office buildings in the same general area. Without limiting the foregoing, Landlord shall provide the following Building Services (to be included as Operating Expenses, as applicable): 1. Access to the Premises through a key card system to duly authorized and identified employees of Tenant 24 hours per day, seven days per week, 365 days per year. 2. Necessary elevator facilities, except if such service must be stopped for replacements or repairs in the reasonable judgment of the Landlord. 3. Heat, ventilation and air-conditioning to the Premises during Normal Business Hours (and after Normal Business Hours at Tenant's additional expense (Landlord's then-current commercially reasonable charge applied to all tenants of the Building)). 4. Cleaning of the Building's common areas in accordance with the Building Cleaning Specifications attached to this Lease as Exhibit D and made a part hereof. 5. Keep all roadways, walks and parking and loading areas reasonably free of snow and ice. 6. Dedicating the space shown on Exhibit A-1 (approximately 1,757 of useable square feet of cafeteria seating space) for Building cafeteria purposes only at all times during the Term, even if at any particular time the cafeteria is not operational. Landlord shall endeavor and use best efforts to maintain an operational cafeteria at such space at all times during the term of this Lease, and to cause such cafeteria to be operated during normal breakfast and lunch hours; provided, however, Landlord shall not be obligated to subsidize the operations of any such operator except to the extent any such subsidy is payable by the tenants of the Building as an operating expense, it being understood that any agreement of Tenant to subsidize such operations shall not be implied hereby, and shall be evidenced only by a written agreement executed by ▇▇▇▇▇▇ in its sole discretion. Without limiting the foregoing, Landlord shall from time to time seek an experienced cafeteria operator to operate the cafeteria if, at any time, any existing cafeteria operator ceases operations. Landlord shall further provide access to vending machines in the Building's cafeteria 24 hours per day, 7 days per week.

Building Services and Utilities. Landlord (A) ▇▇▇▇▇▇ agrees to furnish Lessee, while ▇▇▇▇▇▇ is occupying the Premises and during such times as Lessee is not in default, the following, subject to the terms of this Lease including those pertaining to operating expenses: (1) Water; cold and refrigerated, at those points of supply provided for the use of tenants in the Building. (2) Heat and refrigerated air conditioning at such temperatures and in such amounts as are considered by Lessor to be standard shall provide building services comparable be provided by Lessor from 8:00 a.m. to those 6:00 p.m., Monday through Friday, and upon ▇▇▇▇▇▇’s request shall be provided from 8:00 a.m. to 1:00 p.m. on Saturday. Heat and refrigerated air conditioning shall not, however, be provided by Lessor·on holidays, i.e., New Year’s Day, July 4, Memorial Day, Labor Day (observed), Thanksgiving Day, Christmas Day. Such service on holidays and at other times not specified above shall be furnished only at the request of ▇▇▇▇▇▇, who shall request such service at least 24 hours in like advance and who shall bear the entire cost thereof. Lessor agrees, however, that the temperatures and amounts of such heat or refrigerated air conditioning shall be consistent with the temperatures and amounts which are customarily furnished to tenants of other suburban office buildings in the same general areaMiami-Dade County, Florida. Without limiting the foregoing, Landlord shall provide the following Building Services (to be included as Operating Expenses, as applicable): 1. Access to Whenever machines or equipment that generate abnormal heat are used in the Premises through a key card system which affect the temperature otherwise maintained by the air conditioning system, Lessor shall have the right to duly authorized install supplemental air conditioning to cool the Premises and identified employees the cost thereof, including the cost of Tenant 24 hours per dayinstallation, seven days per weekoperation, 365 days per yearuse and maintenance, and replacement, if necessary, shall be paid by Lessee to Lessor as Additional Rent on demand. 2. Necessary elevator facilities, except if such (3) Elevator service must be stopped in common with other tenants for replacements or repairs in the reasonable judgment of the Landlord. 3. Heat, ventilation ingress to and air-conditioning to egress from the Premises during Normal Business Hours normal business hours as stipulated in Section 3.0 (and after Normal Business Hours at Tenant's additional expense a) (Landlord's then-current commercially reasonable charge applied to all tenants of the Building)2). (4. Cleaning ) Janitorial cleaning services as may in the judgment of Lessor be reasonably required. (5) Electricity for lighting and other normal business uses in the Premises as mentioned in Section 3.0 (A) (2). (6) Electric lighting for public areas and service areas of the Building's common areas Building as may in accordance with the Building Cleaning Specifications attached to this Lease as Exhibit D and made a part hereofjudgment of Lessor be reasonably required. 5(B) Failure to any extent to furnish or any stoppage of these defined services (“Interruption of Service”) resulting from any cause whatsoever shall not render Lessor liable in any respect to any person, property or business, nor be construed as an eviction of Lessee or work an abatement of rent, nor relieve ▇▇▇▇▇▇ from fulfillment of any covenant or agreement hereof. Keep all roadwaysLessor reserves the right, walks without any liability to Lessee and parking and loading areas reasonably free without being in breach of snow and ice. 6. Dedicating the space shown on Exhibit A-1 (approximately 1,757 of useable square feet of cafeteria seating space) for Building cafeteria purposes only at all times during the Term, even if at any particular time the cafeteria is not operational. Landlord shall endeavor and use best efforts to maintain an operational cafeteria at such space at all times during the term covenant of this Lease, to effect an Interruption of Service, as may be required by this Lease or by law, or as Lessor in good ▇▇▇▇▇ ▇▇▇▇▇ advisable, whenever and for so long as may be necessary, to make repairs, alterations, upgrades, changes, or for any other reason, to the Building’s systems serving the Premises, or any other services required of Lessor under this Lease. In each instance, Lessor shall exercise reasonable diligence to eliminate the cause of the Interruption of Service, if resulting from conditions within the Building, and to cause conclude the Interruption of Service. Lessor shall give Lessee notice, when practicable, of the commencement and anticipated duration of such cafeteria Interruption of Service. The occurrence of an Interruption of Service shall not constitute an actual or constructive eviction of Lessee, in whole or in part, entitle Lessee to any abatement or diminution of Rent, Additional Rent, or any other costs due from Lessee pursuant to this Lease, relieve or release Lessee from any of its obligations under this Lease, or entitle Lessee to terminate this Lease. February 14, 2019 (C) Lessor may charge Lessee such amounts as Lessor’s engineer may determine adequate for lighting and heat or air conditioning requested by Lessee for periods other than when provided by Lessor. Lessee shall request such lighting and heat or air conditioning service at least 24 hours in advance. Charges for additional lighting and heat or air conditioning may be for providing such service to the entire floor on which Lessee’s Premises are located. (D) No electrical current shall be used except that furnished or approved by Lessor, nor shall electric cable or wire be brought into the Premises, except upon the written consent of Lessor. Lessee shall use only office machines and equipment that operate on the Building’s standard electric circuits, but which in no event shall overload the Building’s standard electric circuits from which Lessee obtains electric current. Any consumption of electric current in excess of that considered by Lessor to be operated during usual, normal breakfast and lunch hourscustomary for all tenants, or which requires special circuits or equipment (the installation of which shall be at Lessee’s expense and subject to approval in writing by Lessor), shall be paid for by Lessee as Additional Rent to Lessor upon demand in an amount determined by Lessor, based upon Lessor’s estimated cost of such excess electric current consumption or based upon the actual cost thereof if such excess electric current consumption is separately metered. Lessee will not, without written consent of Lessor, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; providednor connect with electric current except through existing electrical outlets in the Premises, howeverany apparatus or device, Landlord for the purpose of using electric current. If Lessee shall not require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Lessee shall first procure the written consent of Lessor, which Lessor may refuse, to the use thereof and Lessor may cause a water meter or electrical current meter to be obligated installed in the Premises, so as to subsidize measure the operations amount of water and electric current consumed for any such use. The cost of any such operator except to the extent any such subsidy is payable by the tenants meters and of the Building as an operating expenseinstallation, it being understood that any agreement of Tenant to subsidize such operations shall not be implied hereby, maintenance and repair thereof shall be evidenced only by a written agreement executed paid for by ▇▇▇▇▇▇, and ▇▇▇▇▇▇ in its sole discretion. Without limiting the foregoing, Landlord shall from time agrees to time seek an experienced cafeteria operator pay to operate the cafeteria ifLessor promptly upon demand therefor by Lessor for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any timeadditional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, any existing cafeteria operator ceases operations. Landlord shall further provide access to vending machines in the Building's cafeteria 24 hours per day, 7 days per weeksuch excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.