SERVICES AND EQUIPMENT 21.01. Landlord shall: (a) Provide necessary passenger elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
Performance of Services in Accordance with Regulatory Requirements; Furnishing of Books and Records In performing the services set forth in this Agreement, the Manager: A. shall conform with the 1940 Act and all rules and regulations thereunder, with all other applicable federal, state and foreign laws and regulations, with any applicable procedures adopted by the Trust’s Board of Trustees, and with the provisions of the Trust’s Registration Statement filed on Form N-1A as supplemented or amended from time to time; B. will make available to the Trust, promptly upon request, any of the Fund’s books and records as are maintained under this Agreement, and will furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the Manager’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations.
Filing Systems and Equipment A complete and comprehensive catalog of filing systems including vertical and lateral files, bookcases, mobile cabinets and freestanding file cabinets.
Facilities and Equipment Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.