Building Services. (a) Landlord shall furnish to the Premises, from 8:00 a.m. to 6:00 p.m., Monday through Friday and Saturday from 9:00 a.m. to 1:00 p.m., excluding usual holidays, reasonable amounts of electric current for normal lighting and fractional horsepower office machines, air conditioning and heat, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposes, and shall furnish normal janitorial and maintenance services. (b) Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator and plumbing services. Landlord shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant shall not be entitled to any abatement of rent for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent as a result of the imposition of such rules or restrictions. (c) Tenant agrees not to use any apparatus or device in or upon or about the Premises which may in any way increase the amount of such services usually furnished or supplied to the Premises and Tenant further agrees not to connect any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Landlord reserves the right to charge Tenant for such additional services which shall be payable as additional rent. (d) If Tenant requires use of air conditioning after hours, then Tenant, at the sole option of the Landlord, shall be billed and Tenant shall pay within ten (10) days thereof the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilities. (e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Building Services. (a) Landlord shall furnish to Tenant, as the sole occupant of the Premises, from 8:00 a.m. shall be responsible for all management and payment of costs to 6:00 p.m.operate, Monday through Friday maintain, repair (except for Landlord's obligations as set forth in this Lease) and Saturday from 9:00 a.m. replace items on the Premises (except those items which shall be replaced by Landlord in accordance with paragraph 12 below), at Tenant's sole cost and expense, including without limitation, janitorial services to 1:00 p.m.the Building, excluding usual holidayslandscaping, reasonable amounts trash removal, general maintenance and cleaning of electric current for normal the parking lot (including lighting and fractional horsepower office machinesrestriping of the parking lot), replacement of light bulbs in the interior and exterior fighting fixtures, and other costs associated with the general operation and management of the Premises. Landlord shall provide electrical facilities to the Premises in accordance with express utility and HVAC specifications ("Utility Specifications") provided to Landlord by Tenant as part of the Plans and Specifications. Landlord will covenant, warrant and agree that upon the installation of the heating, ventilating and air conditioning and heat, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposes, and shall furnish normal janitorial and maintenance services.
system (b"HVAC") Tenant the HVAC system shall comply with all rules the Utility Specifications. Tenant shall be responsible for directly obtaining services from the supplying utility companies for electricity, water, sewer, telephone and regulations which any other utility requirements and directly making payments to the respective supplying companies. If any essential service to be provided is interrupted or curtailed for a period of 24 hours and is caused by Landlord may reasonably establish or Landlord's Representatives or lies within Landlord's control pursuant to Landlord's repair obligations, in addition to other remedies available to Tenant, the Base Rent for the proper functioning Premises shall completely abate from the end o▇ ▇▇▇h 24 hour period and protection of the air conditioning, heating, elevator and plumbing servicescontinue until such services are fully restored. Landlord shall at all reasonable times have free access to all mechanical installations provide a minimum of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord shall not be liable for 72 hours' prior written notice of any failure to furnish any planned interruption of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant shall not be entitled to any abatement of rent for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent as a result with the repair and maintenance of the imposition Premises by Landlord. Copies of such rules any significant written reports concerning the management or restrictions.
(c) Tenant agrees not to use any apparatus or device in or upon or about operation of the Premises which may in any way increase the amount of such services usually furnished or supplied to the Premises and Tenant further agrees not to connect any apparatus or device with the wires, conduits, pipes or other means internally generated by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Landlord reserves the right to charge Tenant for such additional services which shall be payable as additional rent.
(d) If Tenant requires use of air conditioning after hours, then Tenant, at the sole option of the Landlord, shall be billed and Tenant shall pay within ten (10) days thereof the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, provided to Landlord at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilitiesleast quarterly.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Microage Inc /De/)
Building Services. (a1) Landlord agrees that the business hours (“Business Hours”) of the Building shall furnish to the Premises, be from 8:00 a.m. to 6:00 p.m., Monday 5:30 p.m. Mondays through Friday Fridays and Saturday from 9:00 a.m. to 1:00 p.m.p.m. on Saturdays, excluding usual holidaysnational holidays excepted. During Business Hours, reasonable amounts of Landlord shall provide air conditioning or heat to maintain a reasonably comfortable environment in the Building, including in the Premises. Landlord shall provide at all times elevator service, electric current for normal lighting and fractional horsepower office machinesmachines and, air conditioning and heaton the same floor as the Premises, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposes, and shall furnish normal janitorial all in such reasonable quantities as is necessary for the comfortable occupancy of the Premises for the Permitted Use. Janitorial and maintenance services.
services will be furnished five (b5) days per week except on federal holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator elevator, electrical and plumbing services. Landlord shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlordfor, and Tenant there shall not be entitled to any no rent abatement of rent for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of any stoppage, reduction or interruption of any such services caused by governmental restrictions to conserve energy rules, regulations or otherwise save a public goodordinances, and riot, strike, labor disputes, breakdowns, accidents, force majeure events, necessary repairs or other cause. Except as specifically provided in this Paragraph 12, Tenant agrees that the to pay upon being billed therefore by Landlord will have no liability for all utilities and other services utilized by Tenant for all overtime or additional building services furnished to Tenant in connection therewith; not uniformly furnished to all tenants of the Building.
(2) Tenant shall not be entitled to any abatements permit the consumption in the Premises of rent as a result more than two (2) w▇▇▇▇ per net usable square foot in the Premises in respect of office lighting nor shall Tenant permit the consumption in the Premises of more than one (1) watt per net usable square foot of space in the Premises in respect of the imposition power outlets therein, at any one time. If such limits are exceeded, Landlord shall have the right to remove any lighting fixture or any fluorescent tube or bulb therein as it deems necessary and/or to charge Tenant for the cost of such rules or restrictions.
(c) the additional electricity consumed. Tenant agrees will not to without the written consent of Landlord use any apparatus or device in or upon or about the Premises which may will in any way increase the amount of such services electricity or water usually furnished or supplied for use of the Premises as general office space. Tenant shall be allowed to install a portable AC machine in the server room for after hours operation. Notwithstanding anything to the contrary contained herein, Landlord represents and warrants that Tenant shall be permitted to use, at no additional cost to Tenant, customary office machines and equipment (e.g., copiers and servers) within the Premises and that Landlord shall provide sufficient electrical current for such machinery and equipment. 8730 Sunset Towers Landlord Initial
(3) If Tenant further agrees not shall require electric current in excess of that which Landlord is obligated to connect any apparatus or device with furnish under Paragraph 12(2), above, Tenant shall first obtain the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause an electric current meter to be installed in the Premises to measure the amount of electric current consumed for any such other use. The cost of any such meter and of installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord reserves promptly upon demand therefore by Landlord for all such electric current consumed by any such use as shown by said meter, at the rates charged for such services by the public utility providing the service.
(4) If any lights, machines or equipment (including but not limited to computers) are used by Tenant in the Premises which materially affect the temperature otherwise maintained by the air conditioning system, or generate substantially more heat in the Premises than would be generated by the Building standard lights and usual fractional horsepower office equipment, Landlord shall have the right to charge Tenant for such install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including but not limited to modifications to the standard air conditioning equipment, and the cost thereof, including the cost of installation and any additional services which cost of operation and maintenance occasioned thereby, shall be payable as additional rentpaid by Tenant to Landlord upon demand by Landlord. Landlord shall not be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing.
(d5) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Paragraph 12(1), above, Tenant shall give Landlord such advance notice as Landlord shall reasonably require and shall pay for the use of such equipment such reasonable fee or charge as Landlord shall require.
(6) Landlord may impose a reasonable charge for air conditioning after hours, then Tenant, at the sole option of the Landlord, shall be billed and Tenant shall pay within ten (10) days thereof the amount of such Business Hours. Current building rate for after hours air conditioning charge computed at the rate of use is $60.00 65 per hour, which rate shall be hour subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, change at its Landlord’s sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilitiesdiscretion.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Building Services. (a) Landlord shall furnish to the Premises, from 8:00 a.m. Premises during reasonable hours (9:00 A.M. to 6:00 p.m., Monday P.M. on Mondays through Friday and Saturday from 9:00 a.m. 8:00 A.M. to 1:00 p.m., excluding usual holidays, reasonable amounts P.M. on Saturdays) of electric current for normal lighting and fractional horsepower office machines, air conditioning and heat, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposesgenerally recognized business days as reasonably determined by Landlord, and shall furnish normal janitorial and maintenance services.
(b) Tenant shall comply with all subject to the rules and regulations which Landlord may reasonably establish of the Building, heat and air conditioning required in Landlord's reasonable judgment for the proper functioning comfortable use and protection occupancy of the air conditioningPremises and passenger elevator and, heatingsubject to scheduling by Landlord, elevator and plumbing servicesfreight service. Landlord shall also furnish cleaning and janitorial maintenance services, substantially in accordance with Exhibit D, in and about the Premises and Building (Saturdays, Sundays and holidays excepted). Elevator service shall mean service by existing non-attended automatic elevators. Subject to reasonable advance notice, Landlord shall also furnish heating and air conditioning at such other times as are not provided for herein provided Tenant pays the charge of Landlord to furnish such additional heating or air conditioning. Landlord shall also maintain and keep lighted the common stairs, entries and toilet rooms in the Building at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closetsrequired times. Landlord shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlordfor, and Tenant shall not be entitled to to, any abatement or reduction of rent by reasons of Landlord's failure to furnish any of the foregoing, nor shall such failure constitute an eviction, whether such failure is caused by accident, breakage, repairs, energy shortages or restrictions, strikes, lockouts or other labor disturbances or labor disputes of any character, riots, civil disturbance or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for loss of or injury or other loss or damage, direct or indirect, regardless of type and however occurring through, or in connection with or incidental to, failure to furnish any of the foregoing unless such lack failure was caused by Landlord's negligence. Whenever heat generating machines or equipment , including but not limited to, word processing, photoreproduction, computer and telephone equipment, are selected by Tenant for us in the Premises and such machinery or equipment adversely affects the seasonal temperature otherwise maintained by the air conditioning system, Landlord reserves the right at its election to either (i) install supplementary air conditioning units in the Premises and the cost thereof including the cost of utilities installation and services. the cost of operation and maintenance thereof, shall be paid by Tenant shall comply with all rules and regulations to Landlord upon demand by Landlord, or (ii) charge Tenant for the additional costs for air conditioning which may be imposed by Landlord are being incurred as a result of governmental restrictions Tenant's usage (and would otherwise be borne by the other tenants or Landlord as excessive operating expenses) as reasonably determined from time to conserve time by Landlord and its engineer or other energy or otherwise save a public goodconsultant. Cold and hot water in common with other tenants for drinking, lavatory and Tenant agrees that toilet purposes from regular Building supply drawn through fixtures installed by the Landlord will have in common areas and drawn through fixtures installed in the Premises, shall be supplied by Landlord. Tenant shall pay to Landlord as an additional charge at rates based on Landlord's cost for water furnished for any private or other purpose including, but not limited to, fixtures or machinery within the Premises which utilizes water, or for bath or shower facilities. The Tenant shall not waste or permit the waste of water. If the Tenant fail to pay within twenty (20) days the Landlord's proper charges for such special uses of water by Tenant, the Landlord, upon a notice of not less than ten (10) days, may, in addition to any other remedy provided in this Lease, discontinue furnishing that special service and no liability to such discontinuance shall be deemed an eviction or disturbance furnishing that special service and no such discontinuance shall be deemed an eviction or disturbance furnishing that special service and no such discontinuance shall be deemed an eviction or disturbance of the use by Tenant in connection therewith; of the Premises or render Landlord liable for damages or relieve Tenant from any obligation hereunder. Electricity for lighting the Premises and for the outlet usages of Tenant shall not be entitled furnished by Landlord but shall be furnished by Commonwealth Edison Company, which services the area. Landlord shall permit the Tenant to any abatements receive such service direct from such public utility at Tenant's cost, and shall permit Landlord's wire and conduits, to the extent available, suitable and safety and safely capable, to be used for such purposes. Tenant shall make all necessary arrangements with such utility company for the metering of rent as a result an payment for electric current furnished to it and Tenant shall pay for all charges for electric current consumed on the Premises (except for emergency lighting which is on Building circuits) during Tenant's lease thereof including the electricity used during the performance of janitorial services and the making by Landlord of alterations or repairs within the Premises. Electricity used at Tenant's request for the operation of air conditioning, heating and ventilation systems of the imposition Building at times other than as provided above or for the full or unnecessary lighting of such rules common areas during special times (other than during normal business hours) as shall be requested by Tenant, or restrictions.
(c) for the operation of any special air conditioning systems which may required for date processing equipment or for other special equipment or machinery installed by Tenant, shall be paid for by Tenant to Landlord promptly upon demand. Tenant shall make no alterations of or additions to the electrical wiring or equipment and/or appliances without the prior written consent of the Landlord in each instance. Tenant also agrees not to purchase from the Landlord or its agents, at Landlord's reasonable cost for labor and material, all lamps, bulbs, ballast and starters used within its Premises after the initial installation thereof at the commencement of the Lease. Tenant covenants and agrees that at no time shall its use of electricity current ever exceed the capacity of the feeders to the Building or the risers or wiring installation. Tenant will not, without the prior written consent of Landlord, use any apparatus or device in or upon or about the Premises which may will in any way increase the amount of such services usually furnished electricity or supplied increase the amount of water which Landlord determines to be reasonable for use of the Premises and Tenant further agrees not to as general office space; nor connect with electric current (except through existing electrical outlets in the Premises) or water pipes, any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional electric current or unusual amounts water. If Tenant shall require water or electric current in excess of such services without the which is respectively obtainable from existing water pipes or electrical outlets and normal for use of the Premises as general office space, Tenant shall first obtain the written consent of Landlord. If Landlord reserves consents to such excess water or electric requirements, Tenant shall pay all costs of panel equipment, meter service and installation of facilities necessary to furnishing such excess capacity. Tenant shall not provide any janitorial services or cleaning without the right Landlord's written consent and then only subject to charge Tenant for such additional services which supervision by Landlord and at Tenant's sole cost and responsibility and shall be payable as additional rent.
provided by janitors or cleaning contractors or employees who at all times must be satisfactory to Landlord. Landlord shall: (d1) If Tenant requires use carry on a program of air conditioning after hourspreventative maintenance with respect to the Premises and Building in order to minimize slow-downs or breakdowns of the mechanical systems; (2) maintain, then Tenantrepair, if necessary, replace, and keep in good working order and condition throughout the Lease Term all equipment, facilities, pipes, lines and systems serving the Premises, including, without limitation, the mechanical systems of the Premises and Building, and all interior and exterior structural elements of the Premises and Building, including, without limitation, the foundation and roof of the Building; and (3) make all repairs made necessary by the negligence, acts or omissions of Landlord or its officers, agents, partners, servants, representatives, and employees; and any repairs made necessary by latent defects, defects in construction, or defects resulting from Landlord's failure to meet Landlord's maintenance obligation(s) hereunder, including, without limitation, defects resulting in leakage of water to the windows and exterior walls of the Building or other openings therein. Throughout the Lease Term, Landlord shall operate and maintain the Premises and Building and its structural and mechanical systems at least on a level comparable to standards maintained in other first-class buildings in the sole option area in which the Building is located ("the Area"). Landlord shall keep all common areas and public portions of the Building clean and in good operating order, condition and repair throughout the Lease Term, including, without limitation, the lobby, public corridors, elevators, windows, freight facilities, if any, janitor and telephone closets, and lavatories. Landlord shall maintain the parking areas, access roadways, and entryways in good repair and condition and reasonably free from ice, snow and debris. All laws, shrubbery and trees on the grounds outside the Premises and Building and in the Complex shall be maintained in an orderly appearance. Landlord shall keep all machinery and equipment used t provide the service to be furnished by Landlord in first-class operating order, condition and repair at all times, including, without limitation, all equipment servicing the mechanical systems. Nothing in the foregoing recitation of obligations of the Landlord, however, shall be billed and Tenant shall pay within ten (10) days thereof the amount construed to infer that any of such air conditioning charge computed at the rate of $60.00 per hour, which rate expenses shall not be subject deemed to increases be Operating Expenses except as may be specifically set forth as excluded pursuant to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilitiesSection 5.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Building Services. (a) A. On the Commencement Date, Landlord shall deliver the Building with HVAC systems and utilities in conformance with the specifications attached hereto as Appendix “D”.
B. During Tenant’s business hours, in the event Landlord manages the Property as provided in Section 6. D hereof, Landlord shall furnish and maintain the following:
1. HVAC systems to provide a temperature condition as provided in the specifications attached to Appendix “D”;
2. Passenger elevator service. Operatorless automatic passenger and freight elevator service shall be deemed “elevator service” within the meaning of this subsection;
3. Janitor and cleaning services in and about the Premises in accordance with Appendix “H”, Saturdays, Sundays and Holidays (Thanksgiving, Christmas, New Years, Memorial Day, Labor Day, and Independence Day) excepted; and
4. Window washing of all windows (inside and out) in the Premises, at such times as shall be reasonably required, provided however, that the inside and outside windows shall be washed no less than four (4) times per year, weather permitting.
5. Maintenance of all Common Areas; maintenance and repair responsibilities for the roof, exterior walls, exterior windows and waterproofing, floor slabs, and all other structural components of the Building; and maintenance of all parking areas, walks, landscaping and all other Common Areas, all as may be necessary to keep them in a first-class, good, serviceable and neat condition; and compliance with all laws affecting the Premises, and the Common Areas, the cost of which, only to the extent applicable, shall be included in Operating Costs.
6. Landlord agrees to provide all utilities to the Premises as provided in the specifications attached to Appendix “D”. Notwithstanding anything in this Lease to the contrary, if by reason of Landlord’s failure to provide the services herein covenanted to be provided by Landlord, or by reason of any other failure by Landlord to perform its obligation hereunder, with respect to any matter under Landlord’s reasonable control, reason of any Force Majeure event described in Section 26 hereof, any part of the Premises is rendered untenantable, then Tenant shall be entitled, if such failure continues for three (3) or more consecutive days, to an equitable abatement against the rent due hereunder to the extent of such untenantability from 8:00 a.m. the date of interruption of services through restoration of services. To the extent that such condition continues for thirty (30) days or more, Tenant shall, after thirty (30) days prior written notice to 6:00 p.m.Landlord and Landlord’s mortgagee of Tenant has notice (which time period shall be reduced in the event of an emergency) have the right to exercise self-help as flier described in Section 28 hereof. In connection with exercising such self-help right, Monday through Friday Tenant may enter in and Saturday upon all portions of the Premises and Common Areas to make repairs, improvements, and alterations (collectively, “Repairs”) as Tenant reasonably deems necessary to correct such failure, all at the reasonable cost and expense of Landlord. Tenant shall be entitled to a credit against the rent due hereunder for all amounts incurred by it in connection with exercising such self-help rights, together with interest thereon at the rate set forth in Section 5-B hereof from 9:00 a.m. the date incurred until the date paid by Landlord or credited against rent. If such untenantability continues for one hundred and twenty (120) consecutive days, Tenant may elect to 1:00 p.m.terminate this Lease.
C. Electricity shall not be furnished by Landlord, excluding usual holidaysbut except as otherwise hereinafter provided, reasonable amounts shall be furnished by the electric utility company serving the area (“Electric Service Provider”). Landlord shall deliver the Premises so that the Tenant shall receive such service as well as all other utility services, directly from the applicable public utility company. The electricity used during the performance of janitorial service, the making of alterations or repairs in the Premises (other than Tenant’s Work) and for the operation of the Premises’ air conditioning system at times other than as provided herein; or the operation of any special air conditioning systems which may be required for data processing equipment or for other special equipment or machinery installed by Tenant, shall be paid for by Tenant. Tenant shall make no material alterations or additions to the electric equipment without the prior written consent of the Landlord in each instance, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant covenants and agrees that at all times its use of electric current for normal lighting and fractional horsepower office machines, air conditioning and heat, shall furnish at all times reasonable amounts never exceed the capacity of elevator service and of water for lavatory and drinking purposes, and shall furnish normal janitorial and maintenance servicesthe feeders to the Building or the risers or wiring installed thereon.
(b) Tenant D. Landlord shall comply deliver the Building on the Commencement Date with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator and plumbing services. Landlord shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant shall not be entitled to any abatement of rent for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent as a result of the imposition of such rules or restrictions.
(c) Tenant agrees not to use any apparatus or device in or upon or about the Premises which may in any way increase the amount of such services usually furnished or supplied to the Premises and Tenant further agrees not to connect any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Landlord reserves the right to charge Tenant for such additional services which shall be payable as additional rent.
(d) If Tenant requires use of air conditioning after hours, then Tenant, at the sole option of the Landlord, shall be billed separately metered and Tenant shall pay within ten (10) days directly to the proper authorities charged with the collection thereof the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of all charges for utilitieswater, then it is understood sewer, gas, electricity, telephone and agreed that other utilities used or consumed on the Premises.
E. To the extent permitted by law, Tenant shall have the right at any time and from time to time during the Term to contract for or purchase utility services from any company or third party, including without limitation, electricity, steam, chilled water and natural gas.
F. Tenant shall be responsibleallowed twenty-four (24) hour, at its sole expense, for seven (7) day a week access to the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilities.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease Building and shall entitle be able to request all services of Landlord to the rights and remedies hereinafter granted for such breachoutside of normal business hours, including without limitation the termination of providing after hours or additional air conditioningprovided Tenant pays all Landlord’s actual documented overtime costs.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Building Services. (a) Landlord shall ▇. ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises, from Premises and the common areas during reasonable hours (8:00 a.m. A.M. to 6:00 p.m., Monday P.M. Mondays through Friday Fridays and Saturday from 9:00 a.m. 8:00 A.M. to 1:00 p.m.P.M. on Saturdays) except for the following legal holidays: Memorial Day, excluding usual holidaysJuly 4th, reasonable amounts of electric current for normal lighting Labor Day, Thanksgiving, Christmas and fractional horsepower office machines, air conditioning and heat, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposesNew Years Day, and shall furnish normal janitorial and maintenance services.
(b) Tenant shall comply with all subject to the rules and regulations which Landlord may reasonably establish of the Building, passenger and elevator service to the extent applicable, heat and air conditioning in accordance with the design for such systems and as required in Landlord's reasonable judgment for the proper functioning comfortable use and protection occupancy of the air conditioningPremises and common areas, heating, elevator and plumbing servicessubject to scheduling by Landlord. Landlord shall at all reasonable times have free access also furnish janitorial and cleaning services in and about the Premises, Saturdays, Sundays excepted, comparable to all mechanical installations the standard janitor services furnished by other first class office buildings in the Jurisdiction which the property is located and further agrees to maintain and operate the Building in the manner and to the standard of Landlordother first class office buildings in the Jurisdiction which the property is located. Landlord further agrees, except for the interior of the Premises (other than Building systems, equipment or components), to maintain the Property in good condition and repair, including but not limited to air conditioningsnow removal, fan and ventilation systemslandscaping, and all components thereofparking lot, provided that the cost of same may be included in Operating Costs.
B. Except to the extent same are caused by the failure of Landlord to perform its respective agreements, covenants, and machine rooms and electrical closets. obligations hereunder, neither Landlord nor any company, firm or individual, operating, maintaining, managing or supervising the plant or facilities furnishing the services included in Landlord's energy costs nor any of their respective agents, beneficiaries, or employees, shall not be liable to Tenant, or any of Tenant's employees, agents, customers or invitees or anyone claiming through or under Tenant, for any failure to furnish damages, injuries, losses, expenses, claims or causes of action, because of any interruption or discontinuance at any time for any reason in the furnishing of any of said utilities and services when such failure is caused by strikesservices, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant shall not service to be entitled to any abatement of rent for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed furnished by Landlord as a result set forth herein; nor shall any such interruption or discontinuance relieve Tenant from full performance of governmental restrictions Tenant's obligations under this lease. Provided however to conserve energy or otherwise save a public good, and Tenant agrees the extent that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent Premises are rendered untenantable for seventy-two (72) consecutive hours or more as a result of the imposition act or omission of such rules or restrictionsLandlord, rent shall ▇▇▇▇▇ until tenantability is restored.
(c) Tenant agrees C. Electricity shall not to use any apparatus or device in or upon or about the Premises which may in any way increase the amount of such services usually be furnished or supplied to the Premises and Tenant further agrees not to connect any apparatus or device with the wiresby Landlord, conduits, pipes or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Landlord reserves the right to charge Tenant for such additional services which shall be payable but except as additional rent.
(d) If Tenant requires use of air conditioning after hours, then Tenant, at the sole option of the Landlordotherwise hereinafter provided, shall be billed furnished by the approved electric utility company serving the area ("Electric Service Provider"). Landlord shall permit the Tenant to receive such service direct from such public utility company at Tenant's cost, and shall permit Landlord's wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. Tenant shall make all necessary arrangements with the local utility company for metering and paying for electric current furnished by it to Tenant and Tenant shall pay within ten (10) days thereof for all charges for electric current consumed on the amount Premises during Tenant's occupancy thereof. The electricity used during the performance of such janitorial service, the making of alterations or repairs in the Premises, and for the operation of the Premises' air conditioning charge computed system at times other than as provided herein; or the rate operation of $60.00 per hourany special air conditioning systems which may be required for data processing equipment or for other special equipment or machinery installed by Tenant, shall be paid for by Tenant. Tenant shall make no alterations or additions to the Building's electric equipment and/or appliances without the prior written consent of the Landlord in each instance, which rate consent shall not be unreasonably withheld. ▇▇▇▇▇▇ also agrees to purchase from the Landlord or its agent all lamps, bulbs after the initial installation thereof, ballasts and starters used in the Premises, provided however that the availability, quality, and cost of any such items shall be subject comparable to increases that available to reflect increased costs borne by Landlord when providing such serviceTenant from other suppliers. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installed thereon. If Tenant brings any equipment into shall require water or electric current in excess of that which is respectively obtainable from existing water pipes or electrical outlets and normal for use of the Premises as general office space, Tenant shall first procure the consent of Landlord, which cause additional Landlord may not unreasonably refuse. If Landlord consents to such excess water or unusual amounts electric requirements, Tenant shall pay all costs including but not limited to meter service and installation of charges facilities necessary to furnishing such excess capacity.
(1) Landlord has advised Tenant that presently Electric Service Provider is the utility company selected by Landlord to provide electricity service for utilitiesthe Building. Notwithstanding the foregoing, then it is understood to the extent permitted by law, Landlord shall have the right at any time and agreed from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter described as an "Alternate Service Provider") or continued to contract for service from the Electric Service Provider, provided that any portion of the cost of such service to Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and based upon the cost of a separate meter installation for such utilitiesthereof as changed by said Alternate Provider with no additional fee to Landlord.
(e2) The refusal on the part of Tenant to pay, upon demand of shall cooperate with Landlord, the additional rent or charges herein provided Electric Service Provider, and any Alternate Service Provider at all times, and as reasonably necessary, shall constitute a material breach of this lease allow Landlord, Electric Service Provider and shall entitle Landlord any alternate Service Provider reasonable access to the rights Building's electric lines, feeders, risers, writing, and remedies hereinafter granted for such breach, including without limitation any other machinery within the termination of providing after hours or additional air conditioningPremises.
Appears in 1 contract
Building Services. (a) Landlord shall As a part of the rent, Lessor agrees to furnish to the Premises during hours of generally recognized business days, as stated in Exhibit "C", Paragraph 1, and subject to the Rules and Regulations of the building which the Premises are a part, water and electricity suitable for the intended use of the Premises, from 8:00 a.m. to 6:00 p.m., Monday through Friday heat and Saturday from 9:00 a.m. to 1:00 p.m., excluding usual holidays, reasonable amounts of electric current for normal lighting and fractional horsepower office machines, air conditioning required in Lessor's reasonable judgment for the comfortable use and heatoccupation of the Premises, and usual janitorial and maintenance service in the building. Lessor shall furnish at all times reasonable amounts of elevator service maintain and of water for lavatory keep in repair 8 plumbing, electrical wiring, heating and drinking purposesair conditioning equipment required to supply said utilities to the Premises. Lessor shall also maintain and keep lighted the common stairs and entries during generally recognized business days, and shall furnish normal janitorial maintain and maintenance serviceskeep in repair the general structure, roof and windows of the building of which the Premises are a part.
(b) Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator and plumbing services. Landlord shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord Lessor shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant Lessee shall not be entitled to any abatement or reduction of rent for such lack rental by reason of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions Lessor's failure to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to furnish any abatements of rent as a result of the imposition foregoing services, when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, riots, civil disturbances or by any other cause beyond the reasonable control of Lessor, provided that Lessor corrects such rules or restrictionsfailure of services with due diligence and within a reasonable period of time after notice thereof.
(c) Tenant agrees Wherever heat generating machines or equipment, including telephone equipment, are used in the Premises which substantially affect the temperature otherwise maintained by the air conditioning system, Lessor reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the costs of operation and maintenance thereof, shall be paid by Lessee to Lessor upon demand by Lessor.
(d) Lessee will not to without the consent of Lessor use any apparatus or device in or upon or about the Premises which may will in any way unreasonably increase the amount of such services electricity or water usually furnished or supplied to for use of the Premises and Tenant further agrees not to Premises; nor connect with electrical current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional electric current or unusual amounts water. If Lessee shall require water or electric current in excess of such services without that usually furnished or supplied for the written use of the Premises, Lessee shall first procure the consent of Landlordthe Lessor to the use thereof and Lessor may cause a water meter or electric current meter to be installed in the Premises so as to measure the amount of water and electric current consumed for any such other use. Landlord reserves the right to charge Tenant for The costs of any such additional services which meters and of installation, maintenance and repair thereof shall be payable paid for by Lessee, and Lessee agrees to pay to Lessor promptly upon demand thereof by Lessor for all such water and electric current consumed, as additional rent.
(d) If Tenant requires use of air conditioning after hours, then Tenantshown by said meters, at the sole option of the Landlord, shall be billed and Tenant shall pay within ten (10) days thereof the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation rates charged for such utilitiesservices by the local public authority, or the local public utility, as the case may be furnished the same.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Building Services. (a) Provided that Tenant is not in default hereunder, Landlord shall agrees to furnish to the Premises, from 8:00 a.m. to 6:00 p.m.at its expense, during standard business hours, Monday through Friday Friday, (generally recognized holidays excepted), and Saturday from 9:00 a.m. subject to 1:00 p.m.the Rules and Regulations described in Exhibit "B" hereof, excluding usual holidaysair conditioning and heat, reasonable amounts of elevator service, electric current for normal lighting and fractional horsepower office machinesmahcines and, air conditioning and heaton the same floor as the Premises, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposes, all in such reasonable quantities, in the judgment of Landlord, as are necessary for the comfortable occupancy of the Premises. Janitorial and maintenance services will be furnished ***five (5) days per week. Janitorial services shall include only ordinary dusting and cleaning and shall furnish not include shampooing of carpets or rugs, cleaning of draperies or furniture, or other unusual services. Landlord may impose a reasonable additional charge for the usage of any additional or unusual janitorial services required because of any unusual Tenant Improvements in the Premises, the carelessness of Tenant, the unusual nature of Tenant's business and the removal of any refuse and rubbish from the Premises other than discarded material placed in waste paper baskets and left for emptying as an incident to Tenant's normal janitorial and maintenance services.
(b) cleaning of the Premises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator and plumbing services. Landlord shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closetssystem. Landlord shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant shall not be entitled to any abatement or reduction of rent for by reason of Landlord's failure to furnish any of the foregoing when such lack failure is caused by riot, strike, labor disputes of utilities and servicesany character, breakdowns, necessary repairs, breakage, accidents, the unavailability of natural or other energy resources, or other cause beyond Landlord's reasonable control. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result **Without the prior written consent of governmental restrictions to conserve energy or otherwise save a public goodLandlord, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent as a result of the imposition of such rules or restrictions.
(c) Tenant agrees not to use any apparatus or device in or upon or about the Premises Premises, including without limitation, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, which may in any way increase the amount of such services usually the electricity, air conditioning, heat or water which would otherwise be furnished or supplied to under this Article 14 for the Premises intended use of the Premises; and Tenant further agrees will not to connect with electric current, except through existing electrical outlets in the Premises, or with water pipes, any apparatus or device with the wireswhich uses electric current or water. Except as specifically provided in this Article 14, conduitsand in addition to rent and other charges required to be paid by Tenant under this Lease, pipes Tenant agrees to pay for all utilities and other services utilized by Tenant and for all overtime or other means by which such additional building services are supplied, furnished to Tenant not uniformly furnished to all ** Except for the purpose of using additional or unusual amounts of such services without the written consent of Landlordthose specified in tenant's initial design and buildout and pursuant to tenant's existing equipment. Landlord reserves the right ***Janitorial service provided to charge Tenant for such additional services which Tenant's premises shall be payable as additional rentperformed Monday through Friday between the hours of 9 p.m. and 12 p.m., with tenant being provided with extra bathroom supplies and trash compactor access for weekend operation.
(d) If Tenant requires use of air conditioning after hours, then Tenant, at the sole option of the Landlord, shall be billed and Tenant shall pay within ten (10) days thereof the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilities.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Sources: Lease Agreement (Tickets Com Inc)
Building Services. (a) Provided that Tenant is not in default hereunder, and subject to any governmental regulation, which may be in effect from time to time during the Lease Term, Landlord shall agrees, during the Lease Term, to furnish Building Services to the PremisesPremises during the Building Hours set forth in the Rules and Regulations. As used herein, from 8:00 a.m. to 6:00 p.m., Monday through Friday and Saturday from 9:00 a.m. to 1:00 p.m., excluding usual holidays, “Building Services” shall include: reasonable amounts quantities of electric current for normal lighting and fractional horsepower office machines, air conditioning and heat, shall furnish at all times reasonable amounts of elevator service and of ; water for lavatory and drinking purposes; heating, ventilating and shall furnish normal janitorial and maintenance services.
(b) Tenant shall comply with all rules and regulations which Landlord may reasonably establish air conditioning required, in Landlord’s judgment, for the proper functioning comfortable use and protection occupancy of the air conditioning, heating, Premises; janitorial service (including washing of windows with reasonable frequency as determined by Landlord); elevator service by non-attended automatic elevators; and plumbing servicesa security service or security system. Landlord In no event shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioningor its agents, fan and ventilation systemsemployees or consultants (collectively, and all components thereof, and machine rooms and electrical closets. “Landlord shall not Parties”) be liable for the quality of such security service or security system nor shall Landlord or Landlord Parties be liable for damage or injury to Tenant, its employees, invitees or others due to the failure, action or inaction of such security service or security system or the negligence of Landlord or Landlord Parties with respect to such service or system. Further, Tenant shall waive any failure right it might have to furnish damages, or to abatement or reduction of the Rent, or to terminate this Lease due to the failure, action or inaction for any reason, of said utilities and services when such failure is caused by strikesany security device or security system in the Building. In addition, accidents, acts of God or any other condition beyond the control of Landlordneither Landlord nor Landlord Parties shall be liable for, and Tenant shall not be entitled to any recovery of damages, abatement (except as expressly provided herein) or reduction of rent Rent, or to terminate this Lease by reason of, Landlord’s failure to furnish the Building Services if such failure is caused by accident, breakage, repairs, governmental regulations or mandates, strikes, lockouts or other labor disputes, or for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as any other causes; provided, however, in the event that Landlord’s failure to furnish the Building Services is a result of governmental restrictions the gross negligence or willful misconduct of Landlord or Landlord Parties and such failure persists for more than ten (10) consecutive days, then Tenant shall thereafter be entitled to conserve energy or otherwise save a public goodday-for-day abatement in Rent until Building Services are restored to their level(s) prior to the failure. Furthermore, neither Landlord nor any of Landlord Parties shall be liable for, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements recovery of rent damages, abatement or reduction of Rent, or to terminate this Lease as a the result of any electrical power fluctuation resulting from any cause whatsoever, nor for the imposition temporary cessation of Building Services required in connection with the performance of repairs and maintenance of the Building nor from any other cause. If Tenant requires or utilizes more water or electric power than is considered reasonable or normal by Landlord, Tenant shall pay for the cost of such rules or restrictions.
excess usage (c) Tenant agrees not to use any apparatus or device in or “Excess”), as Additional Rent, upon or about the Premises which may in any way increase the amount of such services usually furnished or supplied to the Premises and Tenant further agrees not to connect any apparatus or device with the wires, conduits, pipes or other means demand therefor by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Landlord hereby reserves the right to charge Tenant install separate meter(s) for such additional services which shall be payable as additional rent.
(d) If Tenant requires use of air conditioning after hours, then Tenantthe Premises, at Tenant’s sole expense. In such event, Tenant shall thereafter pay all charges for Excess utility(ies) so metered. In the sole option event that Tenant desires any service in amounts exceeding the Building Services described in this Article 8 as determined by Landlord or in the event Tenant desires any service not common to other tenants of the LandlordBuilding, shall be billed and Tenant shall pay within ten (10) days thereof the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of providing such additional services, plus a separate meter installation reasonable administrative fee. Tenant shall pay on demand as Additional Rent all payments contemplated under this Article 8 to Landlord. In no event, however, shall Tenant use in the Premises any heat-generating machines or any equipment non-standard for such utilitiesthe Building which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Sources: Lease Agreement (Rentech Inc /Co/)
Building Services. (a) Landlord shall ▇. ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises and the common areas during reasonable hours (8:00 A.M. to 6:00 P.M. Mondays through Fridays and 8:00 A.M. to 1:00 P.M. on Saturdays) except for the following legal holidays: Memorial Day, July 4% Labor Day, Thanksgiving, Christmas and New Years Day, and subject to the rules and regulations of the Building, passenger and freight elevator service to the extent applicable, heat and air conditioning in accordance with the design for such systems and as required in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises and common areas, subject to scheduling by Landlord. Tenant shall furnish its own janitorial and cleaning services in and about the Premises, comparable to the standard janitor services furnished by other first class office buildings in the Jurisdiction which the property is located.
B. Landlord shall maintain and operate the common areas and any other portions of the Building within its control (to the extent not the responsibility of Tenant in accordance with this Lease) in a manner and to the standard substantially similar to other first-class single story service center buildings in the jurisdiction where the Property is located, the expenses of which shall be included in Operating Costs. Neither Landlord nor Landlord's beneficiaries, nor any company, firm or individual, operating, maintaining, managing or supervising the plant or facilities furnishing the services included in Landlord's energy costs nor any of their respective agents, beneficiaries, or employees, shall be liable to Tenant, or any of Tenant's employees, agents, customers or invitees or anyone claiming through or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action, because of any interruption or discontinuance at any time for any reason in the furnishing of any of such services, or any other service to be furnished by Landlord as set forth herein; nor shall any such interruption or discontinuance relieve Tenant from 8:00 a.m. full performance of Tenant's obligations under this lease.
C. Electricity shall not be furnished by Landlord, but except as otherwise hereinafter provided, shall be furnished by the approved electric utility company serving the area ("Electric Service Provider"). Landlord shall permit the Tenant to 6:00 p.m.receive such service direct from such public utility company at Tenant's cost, Monday through Friday and Saturday shall permit Landlord's wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. Tenant shall make all necessary arrangements with the local utility company for metering and paying for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant's occupancy thereof. The electricity used during the performance of janitorial service, the making of alterations or repairs in the Premises, and for the operation of the Premises' air conditioning system at times other than as provided herein; or the operation of any special air conditioning systems which may be required for data processing equipment or for other special equipment or machinery installed by Tenant, shall be paid for by Tenant. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of the Landlord in each instance, which consent shall not be unreasonably withheld. ▇▇▇▇▇▇ also agrees to purchase from 9:00 a.m. the Landlord or its agent all lamps, bulbs after the initial installation thereof, ballasts and starters used in the Premises, provided however that the availability, quality, and cost of any such items shall be comparable to 1:00 p.m., excluding usual holidays, reasonable amounts that available to Tenant from other suppliers. Tenant covenants and agrees that at all times its use of electric current for normal lighting and fractional horsepower office machines, air conditioning and heat, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposes, and shall furnish normal janitorial and maintenance services.
(b) Tenant shall comply with all rules and regulations which Landlord may reasonably establish for never exceed the proper functioning and protection capacity of the air conditioningfeeders to the Building or the risers or wiring installed thereon. Tenant will not, heating, elevator and plumbing services. Landlord shall at all reasonable times have free access to all mechanical installations without the written consent of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant shall not be entitled to any abatement of rent for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent as a result of the imposition of such rules or restrictions.
(c) Tenant agrees not to use any apparatus or device in or upon or about the Premises which may in any way increase the amount of such services usually furnished or supplied to the Premises and Tenant further agrees not to connect to electric current (except through existing electrical outlets in the Premises) or water pipes, any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional electric current or unusual amounts water. If Tenant shall require water or electric current in excess of such services without that which is respectively obtainable from existing water pipes or electrical outlets and normal for use of the written Premises as general office space, Tenant shall first procure the consent of Landlord, which Landlord may not unreasonably refuse. If Landlord reserves the right consents to charge Tenant for such additional services which shall be payable as additional rent.
(d) If Tenant requires use of air conditioning after hoursexcess water or electric requirements, then Tenant, at the sole option of the Landlord, shall be billed and Tenant shall pay within ten (10) days thereof all costs including but not limited to meter service and installation of facilities necessary to furnishing such excess capacity.
▇. ▇▇▇▇▇▇▇▇ has advised Tenant that presently Electric Service Provider is the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne utility company selected by Landlord when to provide electricity service for the Building. Notwithstanding the foregoing, to the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such servicecompany hereinafter described as an "Alternate Service Provider") or continue to contract for service from the Electric Service Provider. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilities.
(e) The refusal on the part of Tenant to pay, upon demand of cooperate with Landlord, the additional rent or charges herein provided Electric Service Provider, and any Alternate Service Provider at all times, and as reasonably necessary, shall constitute a material breach of this lease allow Landlord, Electric Service Provider and shall entitle Landlord any alternate Service Provider reasonable access to the rights Building's electric lines, feeders, risers, wiring, and remedies hereinafter granted for such breach, including without limitation any other machinery within the termination of providing after hours or additional air conditioningPremises.
Appears in 1 contract
Sources: Lease Agreement (Improvenet Inc)
Building Services. (a) Landlord shall furnish to the Premises, from 8:00 a.m. to 6:00 p.m., Monday through Friday and Saturday from 9:00 a.m. to 1:00 p.m., excluding usual holidays, reasonable amounts of electric current for normal lighting and fractional horsepower office machines, air conditioning and heat, shall furnish at all times reasonable amounts of elevator service and of Premises water for ----------------- lavatory and drinking purposes. Except as otherwise expressly provided in this Lease, and shall furnish normal janitorial and maintenance services.
(b) Tenant shall comply with all rules and regulations which Landlord may reasonably establish establishes for the proper functioning and protection of the air conditioningBuilding services, heating, elevator including but not limited to those rules and plumbing servicesregulations set forth on Exhibit "G" attached hereto. Such rules and regulation shall not conflict with any provision of this Lease and shall be enforced to all tenants uniformly. Landlord shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and Landlord at all components thereof, and machine rooms and electrical closetstimes. Landlord shall not be liable for any Where failure to furnish any of said utilities and or services when such failure is caused by strikes, accidents, acts of God or any other condition conditions beyond the control of Landlord, and Tenant Landlord's failure shall not neither be entitled to any abatement deemed an eviction or disturbance of rent for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions to conserve energy Tenant's use or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent as a result possession of the imposition Premises, nor shall such failure render Landlord liable to Tenant, nor relieve Tenant of such rules or restrictions.
(c) its Lease obligations. Except as otherwise expressly provided in this Lease, Tenant agrees not to use any apparatus or device in or upon or about the Premises which may in any way increase the amount of such services usually furnished or supplied to the Premises and Tenant further agrees not to connect any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the prior written consent of Landlord. Landlord reserves the right to charge Tenant for such additional increased services. Landlord reserves the right, without being liable to Tenant and without abatement or diminution in Rent, to suspend, delay or stop any of the services which to be furnished and provided by Landlord whenever necessary due to any cause beyond Landlord's control, or for emergency, inspection, cleaning, repairs, replacements, alterations, improvements or renewals that in Landlord's judgment are desirable or necessary; and Landlord may suspend any of those services until completion of any work or until the cause of the suspension has been removed. Failure by Landlord to any extent to furnish any defined services, or any cessation of services due to any causes described in the preceding sentence, shall not render Landlord liable in any respect for damages to either person or property, nor be payable construed as additional rent.
(d) If Tenant requires use an eviction of air conditioning after hours, then Tenant, at the sole option nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement of this Lease. Should any of the Landlordequipment or machinery utilized in supplying the services break down, or for any cause cease to function properly, Landlord shall be billed and use reasonable diligence to repair the same promptly, but Tenant shall pay within ten (10) days thereof the amount have no right to terminate or repudiate this Lease, and shall have no claim for rebate or abatement of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilities.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach damages, on account of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioningany resulting interruptions in service.
Appears in 1 contract
Building Services. (a) Landlord shall agrees to furnish to the Premises, from 8:00 a.m. to 6:00 p.m.at its expense, Monday through Friday and Saturday so long as Tenant is not in default hereunder, from 9:00 a.m. to 5:30 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m.p.m. on Saturdays, excluding usual holidayslocal and national holidays excepted, reasonable amounts of air conditioning and heat, elevator service, electric current for normal lighting and fractional horsepower office machinesmachines and, air conditioning and heaton the same floor as the Premises, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposes, and shall furnish normal janitorial all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. Janitorial and maintenance services.
(b) services will be furnished five days per week. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator elevator, electrical and plumbing servicessystems. Landlord shall at not be liable for, and there shall be no rent abatement as a result of any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, force majeure events, necessary repairs or other cause. Except as specifically provided in this ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ agreed to pay upon being billed therefor by Landlord for all reasonable times have free access utilities and other services utilized by Tenant for all overtime or additional building services furnished to Tenant not uniformly furnished to all mechanical installations Tenants of the Building. Landlord's obligation to render to the Premises the services set forth in this Paragraph 12 is conditional upon the payment by Tenant of all sums due under this Lease, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and sums which are in dispute.
(b) Tenant shall not be entitled permit the consumption in the Premises of more than two (2) ▇▇▇▇▇ per net usable square foot in the Premises in respect of office lighting nor shall Tenant permit the consumption in the Premises of more than two (2) ▇▇▇▇▇ per net usable square foot of space in the Premises in respect of the power outlets therein, at any one time. If such limits are exceeded, Landlord shall have the right to remove any abatement lighting fixture or any fluorescent tube or bulb therein as it deems necessary and/or to charge Tenant for the cost of rent for such lack of utilities and servicesthe additional electricity consumed. Tenant shall comply with all rules and regulations which may be imposed by will not without the written consent of Landlord as a result of governmental restrictions to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent as a result of the imposition of such rules or restrictions.
(c) Tenant agrees not to use any apparatus or device devise in or upon or about the Premises Premises, including without limitation electronic data procession machines, punch card machines and machines using current in excess of 110 volts, which may will in any way increase the amount of such services electricity or water usually furnished or supplied to for use of the Premises and Tenant further agrees not to as general office space; nor connect any apparatus apparatus, machine or device with the wires, conduits, water pipes or other means by which such services are suppliedelectric current (except through existing electrical outlets in the Premises), for the purpose of using additional electric current or unusual amounts water.
(c) If Tenant shall require electric current in excess of such services without that which Landlord is obligated to furnish under Paragraph 12(b) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause an electric current meter to be installed in the Premises to measure the amount of electric current consumed for any such other use. The cost of any such meter and of installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord reserves promptly upon demand therefor by Landlord for all such electric current consumed by any such use as shown by said meter, at the right to charge Tenant rates charged for such services by the public utility providing the service, plus any additional services which shall be payable as additional rentexpense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any lights, machines or equipment (including but not limited to computers) are used by Tenant requires use of in the Premises which materially affect the temperature otherwise maintained by the air conditioning after hourssystem, then Tenantor generate substantially more heat in the Premises than would be generated by the Building standard lights and usual fractional horsepower office equipment, at Landlord shall have the sole option right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including but not limited to modifications to the standard air conditioning equipment, and the cost thereof, including the cost of the Landlordinstallation and any additional cost of operation and maintenance occasioned thereby, shall be billed and paid by Tenant to Landlord upon demand by Landlord. Landlord shall pay within ten (10) days thereof not be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilitiesforegoing.
(e) The refusal on If Tenant requires heating, ventilation and/or air conditioning during times other than the part of times provided in Paragraph 12(a) above, Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease give Landlord such advance notice as Landlord shall reasonably require and shall entitle pay for the use of such equipment such reasonable fee or charge as Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioningshall require.
Appears in 1 contract
Sources: Office Lease (Acacia Research Corp)
Building Services. (a) Landlord shall agrees to furnish to the Premises, from 8:00 a.m. to 6:00 p.m.at its expense, Monday through Friday and Saturday so long as Tenant is not in default hereunder, from 9:00 a.m. to 5:30 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m.p.m. on Saturdays, excluding usual holidayslocal and national holidays excepted, reasonable amounts of air conditioning and heat, elevator service, electric current for normal lighting and fractional horsepower horse power office machinesmachines and, air conditioning and heaton the same floor as the Premises, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposes, and shall furnish normal janitorial all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. Janitorial and maintenance services.
(b) services will be famished five days per week. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator elevator, electrical and plumbing servicessystems. Landlord shall at not be liable for, and there shall be no rent abatement as a result of any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, force majeure events, necessary repairs or other cause. Except as specifically provided in this ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ agreed to pay upon being billed therefor by Landlord for all reasonable times have free access utilities and other services utilized by Tenant for all overtime or additional building services famished to Tenant not uniformly famished to all mechanical installations Tenants of the Building. Landlord's obligation to render to the Premises the services set forth in this Paragraph 12 is conditional upon the payment by Tenant of all sums due under this Lease, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and sums which are in dispute.
(b) Tenant shall not be entitled permit the consumption in the Premises of more than two (2) ▇▇▇▇▇ per net usable square foot in the Premises in respect of office lighting nor shall Tenant permit the consumption in the Premises of more than one (1) ▇▇▇▇▇ per net usable square foot of space in the Premises in respect of the power outlets therein, at any one time. If such limits are exceeded, Landlord shaJ1 have the right to remove any abatement lighting fixture or any fluorescent tube or bulb therein as it deems necessary and/or to charge Tenant for the cost of rent for such lack of utilities and servicesthe additional electricity consumed. Tenant shall comply with all rules and regulations which may be imposed by will not without the written consent of Landlord as a result of governmental restrictions to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent as a result of the imposition of such rules or restrictions.
(c) Tenant agrees not to use any apparatus or device devise in or upon or about the Premises Premises, including without limitation electronic data procession machines, punch card machines and machines using current in excess of 110 volts, which may will in any way increase the amount of such services electricity or water usually furnished or supplied to for use of the Premises and Tenant further agrees not to as general office space; nor connect any apparatus apparatus, machine or device with the wires, conduits, water pipes or other means by which such services are suppliedelectric current (except through existing electrical outlets in the Premises), for the purpose of using additional electric current or unusual amounts water.
(c) If Tenant shall require electric current in excess of such services without that which Landlord is obligated to famish under Paragraph 12(b) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause an electric current meter to be installed in the Premises to measure the amount of electric current consumed for any such other use. The cost of any such meter and of installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord reserves promptly upon demand therefor by Landlord for all. such electric current consumed by any such use as shown by said meter, at the right to charge Tenant rates charged for such services by the public utility providing the service, plus any additional services which shall be payable as additional rentexpense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any lights, machines or equipment (including but not limited to computers) are used by Tenant requires use of in the Premises which materially affect the temperature otherwise maintained by the air conditioning after hourssystem, then Tenantor generate substantially more heat in the Premises than would be generated by the Building standard lights and usual Fractional horsepower office equipment, at Landlord shall have the sole option right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including but not limited to modifications to the standard air conditioning equipment, and the cost thereof, including the cost of the Landlordinstallation and any additional cost of operation and maintenance occasioned thereby, shall be billed and paid by Tenant to Landlord upon demand by Landlord. Landlord shall pay within ten (10not be liable under any circumstances for loss of 6r injury to /s/(Tenant's Name) days thereof Initial property, however occurring, through or in connection with or incidental to failure to furnish any of the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilitiesforegoing.
(e) The refusal on If Tenant requires heating, ventilation and/or air conditioning during times other than the part of times provided in Paragraph 12(a) above, Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease give Landlord such advance notice as Landlord shall reasonably require (which notice is currently twenty four hours) and shall entitle pay for the use of such equipment such reasonable fee or charge as Landlord shall require. Landlord's current fees for after-hours heating, ventilation and/or air conditioning is sixty five dollars ($65.00) per hour, which amount is subject to the rights and remedies hereinafter granted change..
(f) Landlord may impose a reasonable charge for such breachany utilities or services, including without limitation electric current required to be provided by Landlord for use of the termination of providing after hours or additional air conditioningPremises other than during the times provided in Paragraph 12(a) above.
Appears in 1 contract
Building Services. Tenant acknowledges that, on the Commencement Date, there are adequate (a) Landlord shall furnish water and sewer service connections to the Premises, from 8:00 a.m. to 6:00 p.m., Monday through Friday and Saturday from 9:00 a.m. to 1:00 p.m., excluding usual holidays, reasonable amounts of electric current for normal lighting and fractional horsepower office machines, air conditioning and heat, shall furnish at all times reasonable amounts of elevator service and of water for lavatory and drinking purposes, and shall furnish normal janitorial and maintenance services.
(b) Tenant shall comply with all rules and regulations which Landlord may reasonably establish for electricity service connections to the proper functioning and protection electrical box mounted on the outside of the air conditioningPremises, heating, elevator and plumbing services. Landlord shall at all reasonable times have free access (c) telephone service connections to all mechanical installations of Landlord, including but not limited the telephone box adjacent to air conditioning, fan and ventilation systemsthe Premises, and (d) HVAC service connections to the Premises. Tenant has arranged for connection to such services and shall pay directly to the appropriate supplier all components thereof, and machine rooms and electrical closetscosts of utility services to the Premises. Landlord shall not be liable responsible for any failure or interruption, for any reason, of utility services (including HVAC, electricity, water, etc.), and no failure to furnish furnish, or interruption of, such services shall give rise to any abatement, diminution or reduction of said utilities and services when such failure is caused by strikesTenant’s obligations under this Lease. Notwithstanding the foregoing, accidentsif the Premises shall lack any “essential service”, acts of God thereby rendering all or any other portion of the Premises “untenantable” for a period of three (3) consecutive business days after Landlord’s receipt of written notice from Tenant of such condition beyond the control of Landlord, and Tenant shall not be entitled to any abatement of rent for such lack of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to any abatements of rent interruption was caused as a result of the imposition of such rules negligent acts or restrictions.
(c) Tenant agrees not to use any apparatus or device in or upon or about the Premises which may in any way increase the amount of such services usually furnished or supplied to the Premises and Tenant further agrees not to connect any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Landlord reserves the right to charge Tenant for such additional services which shall be payable as additional rent.
(d) If Tenant requires use of air conditioning after hours, then Tenant, at the sole option willful misconduct of the Landlord, shall be billed its agents, employees or contractors, then provided that (i) such untenantability and Landlord’s inability to cure such condition does not arise out of or result from any act, omission, default or neglect of Tenant shall pay within ten or Tenant’s agents, employees or contractors, and (10ii) days thereof Tenant actually ceases operating its business in the amount affected portion of the Premises for all of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilitiesthree (3) business day period, then it Base Rent and Additional Rent payable hereunder shall thereafter be equitably abated on a day-for-day basis until the date such essential service is understood substantially restored or the date Tenant resumes business operations in the affected portion of the Premises. For purposes hereof the term “essential service” shall mean HVAC, electricity, water, and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation for such utilitiessewer.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Sources: Commercial Lease (Azenta, Inc.)
Building Services. (a) Landlord shall As a part of the rent, Lessor agrees to furnish to the Premises during hours of generally recognized business days, as stated in Exhibit "C", Paragraph 1, and subject to the Rules and Regulations of the building which the Premises are a part, water and electricity suitable for the intended use of the Premises, from 8:00 a.m. to 6:00 p.m., Monday through Friday heat and Saturday from 9:00 a.m. to 1:00 p.m., excluding usual holidays, reasonable amounts of electric current for normal lighting and fractional horsepower office machines, air conditioning required in Lessor's reasonable judgment for the comfortable use and heatoccupation of the Premises, and usual janitorial and maintenance service in the building. Lessor shall furnish at all times reasonable amounts of elevator service maintain and of water for lavatory keep in repair plumbing, electrical wiring, heating and drinking purposesair conditioning equipment required to supply said utilities to the Premises. Lessor shall also maintain and keep lighted the common stairs and entries during generally recognized business days, and shall furnish normal janitorial maintain and maintenance serviceskeep in repair the general structure, roof and windows of the building of which the Premises are a part.
(b) Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator and plumbing services. Landlord shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord Lessor shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant Lessee shall not be entitled to any abatement or reduction of rent for such lack rental by reason of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions Lessor's failure to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to furnish any abatements of rent as a result of the imposition foregoing services, when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, riots, civil disturbances or by any other cause beyond the reasonable control of Lessor, provided that Lessor corrects such rules or restrictionsfailure of services with due diligence and within a reasonable period of time after notice thereof.
(c) Tenant agrees Wherever heat generating machines or equipment, including telephone equipment, are used in the Premises which substantially affect the temperature otherwise maintained by the air conditioning system, Lessor reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the costs of operation and maintenance thereof, shall be paid by Lessee to Lessor upon demand by Lessor.
(d) Lessee will not to without the consent of Lessor use any apparatus or device in or upon or about the Premises which may will in any way unreasonably increase the amount of such services electricity or water usually furnished or supplied to for use of the Premises and Tenant further agrees not to Premises; nor connect with electrical current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional electric current or unusual amounts water. If Lessee shall require water or electric current in excess of such services without that usually furnished or supplied for the written use of the Premises, Lessee shall first procure the consent of Landlordthe Lessor to the use thereof and Lessor may cause a water meter or electric current meter to be installed in the Premises so as to measure the amount of water and electric current consumed for any such other use. Landlord reserves the right to charge Tenant for The costs of any such additional services which meters and of installation, maintenance and repair thereof shall be payable paid for by Lessee, and Lessee agrees to pay to Lessor promptly upon demand thereof by Lessor for all such water and electric current consumed, as additional rent.
(d) If Tenant requires use of air conditioning after hours, then Tenantshown by said meters, at the sole option of the Landlord, shall be billed and Tenant shall pay within ten (10) days thereof the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation rates charged for such utilitiesservices by the local public authority, or the local public utility, as the case may be furnished the same.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract
Sources: Office Lease (Capital Reserve Corp)
Building Services. (a) Landlord shall As a part of the rent, Lessor agrees to furnish to the Premises during hours of generally recognized business days, as stated in Exhibit "C", Paragraph 1, and subject to the Rules and Regulations of the building which the Premises are a part, water and electricity suitable for normal office use of the Premises, from 8:00 a.m. to 6:00 p.m., Monday through Friday heat and Saturday from 9:00 a.m. to 1:00 p.m., excluding usual holidays, reasonable amounts of electric current for normal lighting and fractional horsepower office machines, air conditioning required in Lessor's reasonable judgment for the comfortable use and heatoccupation of the Premises, and usual janitorial and maintenance service in the building. Lessor shall furnish at all times reasonable amounts of elevator service maintain and of water for lavatory keep in repair plumbing, electrical wiring, heating and drinking purposesair conditioning equipment required to supply said utilities to the Premises. Lessor shall also maintain and keep lighted the common stairs and entries during generally recognized business days, and shall furnish normal janitorial maintain and maintenance serviceskeep in repair the general structure, roof and windows of the building of which the Premises are a part.
(b) Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator and plumbing services. Landlord shall at all reasonable times have free access to all mechanical installations of Landlord, including but not limited to air conditioning, fan and ventilation systems, and all components thereof, and machine rooms and electrical closets. Landlord Lessor shall not be liable for any failure to furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or any other condition beyond the control of Landlord, and Tenant Lessee shall not be entitled to any abatement or reduction of rent for such lack rental by reason of utilities and services. Tenant shall comply with all rules and regulations which may be imposed by Landlord as a result of governmental restrictions Lessor's failure to conserve energy or otherwise save a public good, and Tenant agrees that the Landlord will have no liability to Tenant in connection therewith; Tenant shall not be entitled to furnish any abatements of rent as a result of the imposition foregoing services, when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, riots, civil disturbances or by any other cause beyond the reasonable control of Lessor, provided that Lessor attempts to correct such rules or restrictionsfailure of services with due diligence after notice thereof.
(c) Tenant agrees Wherever heat generating machines or equipment, including telephone equipment, are used in the Premises which substantially affect the temperature otherwise maintained by the air conditioning system, Lessor reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the costs of operation and maintenance thereof, shall be paid by Lessee to Lessor upon demand by Lessor.
(d) Lessee will not to without the consent of Lessor use any apparatus or device in or upon or about the Premises which may will in any way unreasonably increase the amount of such services electricity or water usually furnished or supplied to for use of the Premises and Tenant further agrees not to Premises; nor connect with electrical current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device with the wires, conduits, pipes or other means by which such services are supplied, for the purpose of using additional electric current or unusual amounts water. If Lessee shall require water or electric current in excess of such services without that usually furnished or supplied for the written use of the Premises, Lessee shall first procure the consent of LandlordLessor to the use thereof and Lessor may cause a water meter or electric current meter to be installed in the Premises so as to measure the amount of water and electric current consumed for any such other use. Landlord reserves the right to charge Tenant for The costs of any such additional services which meters and of installation, maintenance and repair thereof shall be payable paid for by Lessee, and Lessee agrees to pay to Lessor promptly upon demand thereof by Lessor for all such water and electric current consumed, as additional rent.
(d) If Tenant requires use of air conditioning after hours, then Tenantshown by said meters, at the sole option of the Landlord, shall be billed and Tenant shall pay within ten (10) days thereof the amount of such air conditioning charge computed at the rate of $60.00 per hour, which rate shall be subject to increases to reflect increased costs borne by Landlord when providing such service. If Tenant brings any equipment into the Premises which cause additional or unusual amounts of charges for utilities, then it is understood and agreed that Tenant shall be responsible, at its sole expense, for the utilities which result from the use of this equipment and the cost of a separate meter installation rates charged for such utilitiesservices by the local public authority, or the local public utility, as the case may be furnished the same.
(e) The refusal on the part of Tenant to pay, upon demand of Landlord, the additional rent or charges herein provided shall constitute a material breach of this lease and shall entitle Landlord to the rights and remedies hereinafter granted for such breach, including without limitation the termination of providing after hours or additional air conditioning.
Appears in 1 contract