Common use of Building Services Clause in Contracts

Building Services. Landlord shall provide routine maintenance and painting to the exterior of the Building and to the heating, ventilating and air conditioning equipment, lighting, electrical, plumbing and other mechanical systems, in the manner and to the extent deemed by Landlord to be standard and in accordance with the standards of first class office buildings in the Gainesville/Ocala area. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing services. Landlord shall not be liable for any damages to persons or property or for injury to, or interruption of, business arising from the interruption of any utility service to the Building. If there is a failure by Landlord to furnish the services specified in this Section, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing services.

Appears in 1 contract

Sources: Lease (Regeneration Technologies Inc)

Building Services. (a) Landlord shall provide routine maintenance and painting furnish to the exterior 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 Building and to the heating, ventilating and air conditioning equipment, lighting, electrical, plumbing and other mechanical systems, in the manner and to the extent deemed by Landlord to be standard and in accordance with the standards of first class office buildings in the Gainesville/Ocala area. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lightingheating, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such elevator and plumbing services. Landlord reserves the right temporarily shall at all reasonable times have free access to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control all mechanical installations of Landlord. Except as expressly provided hereinafter, Landlord will including but not be liable for damages limited to persons or property or for injury toair conditioning, or interruption offan and ventilation systems, business for any discontinuance permitted under this Sectionand all components thereof, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesand machine rooms and electrical closets. Landlord shall not be liable for any damages failure to persons furnish any of said utilities and services when such failure is caused by strikes, accidents, acts of God or property 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 for injury tootherwise 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 interruption of, business arising from restrictions. (c) Tenant agrees not to use any apparatus or device in or upon or about the interruption Premises which may in any way increase the amount of any utility service such services usually furnished or supplied to the Building. If there is a failure Premises and Tenant further agrees not to connect any apparatus or device with the wires, conduits, pipes or other means by Landlord to furnish which such services are supplied, for the services specified in this Section, and further provided such interruption is not due to Tenant's negligence purpose of using additional or willful misconduct, and further provided, should the unavailability unusual amounts of such service render all or any portion services without the written consent of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. 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 time 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 time to make changes in pay, upon demand of Landlord, the services additional rent or charges herein provided by shall constitute a material breach of this lease and shall entitle Landlord to the Building provided rights and remedies hereinafter granted for such changes do not detract from breach, including without limitation the level termination of the existing servicesproviding after hours or additional air conditioning.

Appears in 1 contract

Sources: General Office Lease (Enochian Biosciences Inc)

Building Services. Landlord shall provide routine maintenance and painting (a) As a part of the rent, Lessor agrees to furnish to the exterior 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 building which the Premises are a part, water and to electricity suitable for the heatingintended use of the Premises, ventilating heat and air conditioning equipmentrequired in Lessor's reasonable judgment for the comfortable use and occupation of the Premises, lighting, electrical, plumbing and other mechanical systems, usual janitorial and maintenance service in the manner building. Lessor shall maintain and keep in repair 8 plumbing, electrical wiring, heating and air conditioning equipment required to supply said utilities to the extent deemed by Landlord to be standard Premises. Lessor shall also maintain and keep lighted the common stairs and entries during generally recognized business days, and shall maintain and keep in accordance with repair the standards of first class office buildings in the Gainesville/Ocala area. Landlord will not be liable to Tenant or any other persongeneral structure, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply roof and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level windows of the existing services. Landlord building of which the Premises are a part. (b) Lessor shall not be liable for and Lessee shall not be entitled to any damages abatement or reduction of rental by reason of Lessor's failure to persons furnish any of the foregoing services, when such failure is caused by accident, breakage, repairs, strikes, lockouts or property other labor disturbances or for injury to, or interruption of, business arising from the interruption labor disputes of any utility service to character, riots, civil disturbances or by any other cause beyond the Building. If there is reasonable control of Lessor, provided that Lessor corrects such failure of services with due diligence and within a failure by Landlord to furnish reasonable period of time after notice thereof. (c) Wherever heat generating machines or equipment, including telephone equipment, are used in the services specified in this Section, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord substantially affect the temperature otherwise maintained by the air conditioning system, Lessor reserves the right from time to time to make changes install supplementary air conditioning units in the services provided Premises and the cost thereof, including the cost of installation, and the costs of operation and maintenance thereof, shall be paid by Landlord Lessee to Lessor upon demand by Lessor. (d) Lessee will not without the consent of Lessor use any apparatus or device in the Premises which will in any way unreasonably increase the amount of electricity or water usually furnished or supplied for use of the Premises; nor connect with electrical current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purpose of using electric current or water. If Lessee shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises, Lessee shall first procure the consent of the Lessor to the Building provided 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 changes do not detract from other use. The costs of any such meters and of installation, maintenance and repair thereof shall be 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 shown by said meters, at the level of rates charged for such services by the existing serviceslocal public authority, or the local public utility, as the case may be furnished the same.

Appears in 1 contract

Sources: Lease Agreement (Business Resource Group)

Building Services. During the Term, Landlord shall provide routine maintenance and painting to (a) water at those points of supply provided for general use of other tenants in the exterior of the Building and to the heatingBuilding, ventilating (b) central heating and air conditioning equipmentin season, lighting, electrical, plumbing and other mechanical systems, at temperatures and in the manner and to the extent deemed amounts as are considered by Landlord to be standard or in compliance with any governmental regulations, such service at times other than regular hours to be furnished upon not less than twenty-four (24) hours advance notice from Tenant, who shall bear the entire cost thereof at the rate established by Landlord, (c) self-operated passenger elevator service, if applicable, and (d) janitorial service, performed in accordance a manner consistent with buildings of a similar nature and character to the standards Building, for the Premises, Building and Common Areas which shall include the sweeping and cleaning of first class office buildings floors, the cleaning of lavatories and toilets located in the Gainesville/Ocala areaPremises and Common Areas, the washing of exterior windows, the dusting of light fixtures and air grills, and the disposal of trash from the Premises, Building and Common Areas. Tenant shall pay all telephone and telecommunications charges and shall provide all services not enumerated in this Section. Landlord will may, in its sole discretion, provide additional services not be liable enumerated herein. Failure by Landlord to Tenant any extent to provide these defined services or any other person, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such servicesservices not enumerated, or any of themcessation thereof, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption shall not render Landlord liable in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable respect for damages to persons either person or property or for injury toproperty, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause Tenant, work an abatement of rent or operate to release relieve Tenant from fulfillment of any covenant in this Lease. If any of Tenant's obligations under this Leasethe equipment or machinery useful or necessary for provision of utility services, and for which Landlord is responsible, breaks down, or for any cause ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall have no claim for rebate of rent or damages on account of any interruption in service occasioned from the repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesProperty. Landlord Tenant shall not be liable for any damages to persons or property or for injury to, or interruption of, business arising from the interruption of any utility service pay all telephone charges and all utilities which are separately metered to the Building. If there is a failure by Landlord to furnish the services specified in this Section, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesPremises.

Appears in 1 contract

Sources: Lease Agreement (Heartland Payment Systems Inc)

Building Services. (a) Landlord shall provide routine maintenance and painting agrees to furnish to the exterior Premises, at its expense, 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. on Saturdays, local and national holidays excepted, air conditioning and heat, elevator service, electric current for normal lighting and fractional horse power office machines and, on the same floor as the Premises, water for lavatory and drinking purposes, all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Building Premises. Janitorial and to maintenance services will be famished five days per week. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the heating, ventilating proper functioning and air conditioning equipment, lighting, electrical, plumbing and other mechanical systems, in protection of the manner and to the extent deemed by Landlord to be standard and in accordance with the standards of first class office buildings in the Gainesville/Ocala area. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lightingheating, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such serviceselevator, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply electrical and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesplumbing systems. Landlord shall not be liable for for, and there shall be no rent abatement as a result of any damages to persons stoppage, reduction or property or for injury to, or interruption of, business arising from the interruption of any utility service 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 utilities and other services utilized by Tenant for all overtime or additional building services famished to Tenant not uniformly famished to all 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 sums which are in dispute. (b) Tenant shall not 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 there such limits are exceeded, Landlord shaJ1 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 the additional electricity consumed. Tenant will not without the written consent of Landlord use any apparatus or devise in the Premises, including without limitation electronic data procession machines, punch card machines and machines using current in excess of 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect any apparatus, machine or device with water pipes or electric current (except through existing electrical outlets in the Premises), for the purpose of using electric current or water. (c) If Tenant shall require electric current in excess of that which Landlord is a failure obligated to famish under Paragraph 12(b) above, Tenant shall first obtain the 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 promptly upon demand therefor 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, plus any additional expense 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 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 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 cost of operation and maintenance occasioned thereby, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord shall not be liable under any circumstances for loss of 6r injury to /s/(Tenant's Name) Initial property, however occurring, through or in connection with or incidental to failure to furnish any of the services specified foregoing. (e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in this SectionParagraph 12(a) above, Tenant shall give Landlord such advance notice as Landlord shall reasonably require (which notice is currently twenty four hours) and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should shall pay for the unavailability use of such service render all 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 change.. (f) Landlord may impose a reasonable charge for any portion of the Leased Premises unusable by Tenant for Tenant's permitted useutilities or services, Tenant may, after and upon the giving of five (5) days written notice including without limitation electric current required to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord reserves the right from time to time to make changes in the services be provided by Landlord to the Building provided such changes do not detract from the level for use of the existing servicesPremises other than during the times provided in Paragraph 12(a) above.

Appears in 1 contract

Sources: Office Lease (1st Miracle Group Inc /Ontario/)

Building Services. MAINTENANCE. (A) Landlord shall provide routine will provide, within professional standards on each item, the following services and facilities: (1) cleaning and maintenance of common areas in the building; (2) Water and painting sewer service; (3) Janitorial service (five business days per week); (4) Landlord will undertake, at its sole cost and expense, any and all repairs necessary to maintain the exterior heating, plumbing, air conditioning and electrical systems, as well as windows, floors (excluding carpeting) and all other structural items which constitute a part of the Building and Leased Premises and are installed or furnished by Landlord; provided, however, Landlord will not be obligated to undertake any of such repairs until the heatingexpiration of a reasonable period of time following notice from Tenant that such repair is needed, ventilating and air conditioning will use best efforts to resume service. In no event will Landlord be obligated under this subparagraph to repair any damage caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. (B) Landlord does not warrant the services and facilities provided for in subparagraph (A) above will be free from slowdown, interruption or stoppage pursuant to voluntary agreement by and between Landlord and governmental bodies and regulatory agencies, or caused by the maintenance, repair, substitution, renewal, replacement or improvements of any of the equipment, lighting, electrical, plumbing and other mechanical systems, involved in the manner and furnishing of any such services or facilities, or caused by changes of services, alterations, (C) Except to the extent deemed by Landlord is obligated to be standard undertake repairs as provided hereinabove, Tenant will keep the Leased Premises and the fixtures contained therein in accordance with the standards of first class office buildings in the Gainesville/Ocala area. good, neat and orderly condition, reasonable wear and tear excepted. (D) Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations any injury to or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection interference with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing services. Landlord shall not be liable for any damages to persons or property or for injury to, or interruption of, business arising from the interruption making of any utility service repairs, alterations, additions or improvements to the Building. If there is a failure by Landlord to furnish the services specified in this Section, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable by or the Building or to any appurtenances or equipment therein. It being understood, though, Landlord will cooperate with Tenant for and interfere as little as reasonably practicable with the conduct of Tenant's permitted usebusiness. There will be no abatement of Rent because of such repairs, Tenant mayalterations, additions or improvements, until after and upon the giving completion of five fourteen (514) business days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesoriginal problem.

Appears in 1 contract

Sources: Lease Agreement (Ameriquest Technologies Inc)

Building Services. Landlord shall provide routine maintenance and painting ▇. ▇▇▇▇▇▇▇▇ agrees to furnish to the exterior 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 Building, passenger and freight elevator service to the heatingextent applicable, ventilating heat and air conditioning equipment, lighting, electrical, plumbing and other mechanical systems, in the manner and to the extent deemed by Landlord to be standard and in accordance with the standards 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 Gainesville/Ocala areaJurisdiction 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 will not 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 Tenant, or any other personof Tenant's employees, for direct agents, customers or consequential damage, invitees or otherwiseanyone claiming through or under Tenant, for any failure damages, injuries, losses, expenses, claims or causes of Tenant to obtain action, because of any heat, air conditioning, lighting, interruption or other service Landlord has agreed to supply during discontinuance at any period when Landlord uses reasonable diligence to supply such services. Landlord reserves time for any reason in the right temporarily to discontinue furnishing of any of such services, or any of them, at other service to be furnished by Landlord as set forth herein; nor shall any such times as may be necessary by reason of accident, repairs, alterations interruption or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release relieve Tenant from any full performance of Tenant's obligations under this Leaselease. 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 reserves 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 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 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 that available to Tenant 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. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises to connect to electric current (except through existing electrical outlets in the Premises) or water pipes, any apparatus or device for the purpose of using electric current or water. If Tenant 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 Landlord may not unreasonably refuse. If Landlord consents to such excess water or electric requirements, Tenant shall pay 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 utility company selected by Landlord 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 make changes in the services provided by Landlord either contract for service from a different company or companies providing electricity service (each such company hereinafter described as an "Alternate Service Provider") or continue to the Building provided such changes do not detract contract for service from the level of Electric Service Provider. Tenant shall cooperate with Landlord, the existing services. Landlord Electric Service Provider, and any Alternate Service Provider at all times, and as reasonably necessary, shall not be liable for allow Landlord, Electric Service Provider and any damages to persons or property or for injury to, or interruption of, business arising from the interruption of any utility service alternate Service Provider reasonable access to the Building. If there is a failure by Landlord to furnish the services specified in this Section's electric lines, feeders, risers, wiring, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should any other machinery within the unavailability of such service render all or any portion of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesPremises.

Appears in 1 contract

Sources: Lease Agreement (Improvenet Inc)

Building Services. Landlord shall provide routine maintenance and painting (a) As a part of the rent, Lessor agrees to furnish to the exterior 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 building which the Premises are a part, water and to electricity suitable for normal office use of the heatingPremises, ventilating heat and air conditioning equipmentrequired in Lessor's reasonable judgment for the comfortable use and occupation of the Premises, lighting, electrical, plumbing and other mechanical systems, usual janitorial and maintenance service in the manner building. Lessor shall maintain and keep in repair plumbing, electrical wiring, heating and air conditioning equipment required to supply said utilities to the extent deemed by Landlord to be standard Premises. Lessor shall also maintain and keep lighted the common stairs and entries during generally recognized business days, and shall maintain and keep in accordance with repair the standards of first class office buildings in the Gainesville/Ocala area. Landlord will not be liable to Tenant or any other persongeneral structure, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply roof and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level windows of the existing services. Landlord building of which the Premises are a part. (b) Lessor shall not be liable for and Lessee shall not be entitled to any damages abatement or reduction of rental by reason of Lessor's failure to persons furnish any of the foregoing services, when such failure is caused by accident, breakage, repairs, strikes, lockouts or property other labor disturbances or for injury to, or interruption of, business arising from the interruption labor disputes of any utility service character, riots, civil disturbances or by any other cause beyond the reasonable control of Lessor, provided that Lessor attempts to correct such failure of services with due diligence after notice thereof. (c) Wherever heat generating machines or equipment, including telephone equipment, are used in the Building. If there is a failure by Landlord to furnish the services specified in this Section, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord substantially affect the temperature otherwise maintained by the air conditioning system, Lessor reserves the right from time to time to make changes install supplementary air conditioning units in the services provided Premises and the cost thereof, including the cost of installation, and the costs of operation and maintenance thereof, shall be paid by Landlord Lessee to Lessor upon demand by Lessor. (d) Lessee will not without the consent of Lessor use any apparatus or device in the Premises which will in any way unreasonably increase the amount of electricity or water usually furnished or supplied for use of the Premises; nor connect with electrical current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purpose of using electric current or water. If Lessee shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises, Lessee shall first procure the consent of Lessor to the Building provided 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 changes do not detract from other use. The costs of any such meters and of installation, maintenance and repair thereof shall be 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 shown by said meters, at the level of rates charged for such services by the existing serviceslocal public authority, or the local public utility, as the case may be furnished the same.

Appears in 1 contract

Sources: Office Lease (Cavion Technologies Inc)

Building Services. Landlord shall provide routine maintenance furnish to Premises during reasonable hours (9:00 A.M. to 6:00 P.M. on Mondays through Friday and painting 8:00 A.M. to 1:00 P.M. on Saturdays) of generally recognized business days as reasonably determined by Landlord, and subject to the exterior rules and regulations of the Building and to the heatingBuilding, ventilating heat and air conditioning equipmentrequired in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises and passenger elevator and, lightingsubject to scheduling by Landlord, electricalfreight service. Landlord shall also furnish cleaning and janitorial maintenance services, plumbing and other mechanical systems, in the manner and to the extent deemed by Landlord to be standard and substantially in accordance with Exhibit D, in and about the standards 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 first class office buildings 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 Gainesville/Ocala area. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, Building at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesall required times. Landlord shall not be liable for any damages to persons or property or for injury for, and Tenant shall not be entitled to, any abatement or interruption ofreduction of rent by reasons of Landlord's failure to furnish any of the foregoing, business arising from the interruption 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 utility service to character, riots, civil disturbance or by any other cause, similar or dissimilar, beyond the Buildingreasonable control of Landlord. If there is a 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 by Landlord to furnish the services specified in this Section, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable foregoing unless such 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 Tenant's permitted useus in the Premises and such machinery or equipment adversely affects the seasonal temperature otherwise maintained by the air conditioning system, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. 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 installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord, or (ii) charge Tenant for the additional costs for air conditioning which are being incurred as a result of Tenant's usage (and would otherwise be borne by the other tenants or Landlord as excessive operating expenses) as reasonably determined from time to time to make changes by Landlord and its engineer or other energy consultant. Cold and hot water in common with other tenants for drinking, lavatory and toilet purposes from regular Building supply drawn through fixtures installed by the Landlord in common areas and drawn through fixtures installed in the services 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 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 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 furnished by Landlord but shall be furnished by Commonwealth Edison Company, which services the area. Landlord shall permit the Tenant to 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 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 Building at times other than as provided above or for the full or unnecessary lighting of common areas during special times (other than during normal business hours) as shall be requested by Tenant, or 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 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 provided such changes do not detract from or the level risers or wiring installation. Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises which will in any way increase the amount of electricity or increase the amount of water which Landlord determines to be reasonable for use of the Premises as general office space; nor connect with electric current (except through existing serviceselectrical outlets in the Premises) or water pipes, any apparatus or device for the purpose of using electric current or water. If Tenant shall require water or electric current in excess of 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 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 Landlord's written consent and then only subject to supervision by Landlord and at Tenant's sole cost and responsibility and shall be provided by janitors or cleaning contractors or employees who at all times must be satisfactory to Landlord. Landlord shall: (1) carry on a program of preventative maintenance with respect to the Premises and Building in order to minimize slow-downs or breakdowns of the mechanical systems; (2) maintain, repair, 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 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 construed to infer that any of such expenses shall not be deemed to be Operating Expenses except as may be specifically set forth as excluded pursuant to Section 5.

Appears in 1 contract

Sources: Office Lease (Tsi International Software LTD)

Building Services. Landlord shall provide routine maintenance and painting (a) As a part of the rent, Lessor agrees to furnish to the exterior 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 building which the Premises are a part, water and to electricity suitable for the heatingintended use of the Premises, ventilating heat and air conditioning equipmentrequired in Lessor's reasonable judgment for the comfortable use and occupation of the Premises, lighting, electrical, plumbing and other mechanical systems, usual janitorial and maintenance service in the manner building. Lessor shall maintain and keep in repair plumbing, electrical wiring, heating and air conditioning equipment required to supply said utilities to the extent deemed by Landlord to be standard Premises. Lessor shall also maintain and keep lighted the common stairs and entries during generally recognized business days, and shall maintain and keep in accordance with repair the standards of first class office buildings in the Gainesville/Ocala area. Landlord will not be liable to Tenant or any other persongeneral structure, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply roof and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level windows of the existing services. Landlord building of which the Premises are a part. (b) Lessor shall not be liable for and Lessee shall not be entitled to any damages abatement or reduction of rental by reason of Lessor's failure to persons furnish any of the foregoing services, when such failure is caused by accident, breakage, repairs, strikes, lockouts or property other labor disturbances or for injury to, or interruption of, business arising from the interruption labor disputes of any utility service to character, riots, civil disturbances or by any other cause beyond the Building. If there is reasonable control of Lessor, provided that Lessor corrects such failure of services with due diligence and within a failure by Landlord to furnish reasonable period of time after notice thereof. (c) Wherever heat generating machines or equipment, including telephone equipment, are used in the services specified in this Section, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord substantially affect the temperature otherwise maintained by the air conditioning system, Lessor reserves the right from time to time to make changes install supplementary air conditioning units in the services provided Premises and the cost thereof, including the cost of installation, and the costs of operation and maintenance thereof, shall be paid by Landlord Lessee to Lessor upon demand by Lessor. (d) Lessee will not without the consent of Lessor use any apparatus or device in the Premises which will in any way unreasonably increase the amount of electricity or water usually furnished or supplied for use of the Premises; nor connect with electrical current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purpose of using electric current or water. If Lessee shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises, Lessee shall first procure the consent of the Lessor to the Building provided 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 changes do not detract from other use. The costs of any such meters and of installation, maintenance and repair thereof shall be 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 shown by said meters, at the level of rates charged for such services by the existing serviceslocal public authority, or the local public utility, as the case may be furnished the same.

Appears in 1 contract

Sources: Office Lease (Capital Reserve Corp)

Building Services. Landlord shall provide routine maintenance and painting to the exterior of the Building and to the heating, ventilating and air conditioning equipment, lighting, electrical, plumbing and other mechanical systems, in the manner and to the extent deemed by Landlord to be standard and in accordance with the standards of first class office buildings in the Gainesville/Ocala areaBuilding. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's ’s compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's ’s obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing services. Landlord shall not be liable for any damages to persons or property or for injury to, or interruption of, business arising from the interruption of any utility service to the Building. If there is a failure by Landlord to furnish the services specified in this Section, and further provided such interruption is not due to Tenant's ’s negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable by Tenant for Tenant's ’s permitted useUse, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delaysreasonable delays. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing services.

Appears in 1 contract

Sources: Lease Agreement (AxoGen, Inc.)

Building Services. (a) Landlord shall provide routine maintenance and painting agrees to furnish to the exterior Premises, at its expense, 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. on Saturdays, local and national holidays excepted, air conditioning and heat, elevator service, electric current for normal lighting and fractional horsepower office machines and, on the same floor as the Premises, water for lavatory and drinking purposes, all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Building Premises. Janitorial and to maintenance services will be furnished five days per week. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the heating, ventilating proper functioning and air conditioning equipment, lighting, electrical, plumbing and other mechanical systems, in protection of the manner and to the extent deemed by Landlord to be standard and in accordance with the standards of first class office buildings in the Gainesville/Ocala area. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lightingheating, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such serviceselevator, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply electrical and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesplumbing systems. Landlord shall not be liable for for, and there shall be no rent abatement as a result of any damages to persons stoppage, reduction or property or for injury to, or interruption of, business arising from the interruption of any utility service 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 utilities and other services utilized by Tenant for all overtime or additional building services furnished to Tenant not uniformly furnished to all 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 sums which are in dispute. (b) Tenant shall not 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 there 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 the additional electricity consumed. Tenant will not without the written consent of Landlord use any apparatus or devise in the Premises, including without limitation electronic data procession machines, punch card machines and machines using current in excess of 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect any apparatus, machine or device with water pipes or electric current (except through existing electrical outlets in the Premises), for the purpose of using electric current or water. (c) If Tenant shall require electric current in excess of that which Landlord is a failure obligated to furnish under Paragraph 12(b) above, Tenant shall first obtain the 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 promptly upon demand therefor 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, plus any additional expense 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 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 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 cost of operation and maintenance occasioned thereby, shall be paid 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 services specified foregoing. (e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in this SectionParagraph 12(a) above, Tenant shall give Landlord such advance notice as Landlord shall reasonably require and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should shall pay for the unavailability use of such service render all equipment such reasonable fee or any portion of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. charge as Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesshall require.

Appears in 1 contract

Sources: Office Lease (Acacia Research Corp)

Building Services. Landlord shall provide routine maintenance and painting furnish to the exterior Premises water for ----------------- lavatory and drinking purposes. Except as otherwise expressly provided in this Lease, Tenant shall comply with all rules and regulations which Landlord establishes for the protection of Building services, including but not limited to those rules and regulations 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 have free access to all mechanical installations of Landlord at all times. Where failure to furnish any of said utilities or services is caused by strikes, accidents, or conditions beyond the control of Landlord, Landlord's failure shall neither be deemed an eviction or disturbance of Tenant's use or possession of the Building and Premises, nor shall such failure render Landlord liable to Tenant, nor relieve Tenant of its Lease obligations. Except as otherwise expressly provided in this Lease, Tenant agrees not to use any apparatus or device which may increase the amount of such services usually furnished to the heating, ventilating and air conditioning equipment, lighting, electrical, plumbing and other mechanical systems, in Premises without the manner and to the extent deemed by Landlord to be standard and in accordance with the standards prior written consent of first class office buildings in the Gainesville/Ocala areaLandlord. Landlord will not be liable reserves the right to Tenant or any other person, charge for direct or consequential damage, or otherwise, for any failure of Tenant to obtain any heat, air conditioning, lighting, or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such increased services. Landlord reserves the right temporarily right, without being liable to discontinue such Tenant and without abatement or diminution in Rent, to suspend, delay or stop any of the services 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 themservices due to any causes described in the preceding sentence, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption shall not render Landlord liable in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Except as expressly provided hereinafter, Landlord will not be liable respect for damages to persons either person or property or for injury to, or interruption of, business for any discontinuance permitted under this Sectionproperty, nor will such discontinuance in any way be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement of this Lease. Should any of the equipment or machinery utilized in supplying the services break down, or for any cause an cease to function properly, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall have no right to terminate or repudiate this Lease, and shall have no claim for rebate or abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing services. Landlord shall not be liable for any damages to persons or property or for injury todamages, or interruption of, business arising from the interruption on account of any utility service to the Building. If there is a failure by Landlord to furnish the services specified resulting interruptions in this Section, and further provided such interruption is not due to Tenant's negligence or willful misconduct, and further provided, should the unavailability of such service render all or any portion of the Leased Premises unusable by Tenant for Tenant's permitted use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to Excusable Delays. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing servicesservice.

Appears in 1 contract

Sources: Lease Agreement (Pac-West Telecomm Inc)