Common use of Elevator Service Clause in Contracts

Elevator Service. Landlord, at Landlord’s expense, shall furnish necessary passenger elevator service on business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 p.m. At any time or times, all or any of the elevators in the Building may, at Landlord’s option, be automatic elevators, and Landlord shall not be required to furnish any operator service for automatic elevators. Notwithstanding the foregoing to the contrary, there shall be at least one (1) automatic passenger elevator available on a twenty-four (24) hour, seven (7) day per week basis, subject to applicable law, mechanical breakdown and force majeure. If Landlord shall, at any time, elect to furnish operator service for any automatic elevators, Landlord shall have the right to discontinue furnishing such service with the same effect as if Landlord had never elected to furnish such service. In the event Tenant shall require the use of the Building’s service elevators at any time other than those set forth above, Landlord shall endeavor to use its reasonable efforts to provide a freight service elevator or passenger elevator, as the case may be, for the use of Tenant, provided Tenant gives Landlord reasonable notice of the time and use of such elevators to be made by Tenant and Tenant pays Landlord’s usual and reasonable charge in effect at the time for the use therefore prior to Landlord having any obligation to supply such additional elevator services. Landlord, as a matter of Building policy will require a three (3) days’ advance request for the use of any Building freight elevator, together with appropriate evidence that an original certificate of insurance has been issued in connection with such use, and a certified check in the total amount of Landlord’s freight elevator charge for such use. The charges for the use of the freight elevator shall be for a minimum of four (4) hours time. Notwithstanding the foregoing, during construction of Tenant’s move-in, Tenant may use the freight elevator on a non-exclusive basis during the above mentioned business hours, and provided Tenant has reserved the freight elevator in advance, Tenant may use the freight elevator on an exclusive basis after business hours. During Tenant’s move-in, Tenant shall be entitled to use the freight elevator for up to eight (8) hours of overtime use at no cost to Tenant.

Elevator Service. Landlord(A) Subject to the terms of Section 9.6(C) hereof, at Landlord’s expenseArticle 10 hereof and this Section 4.2, Landlord shall furnish necessary provide Tenant with passenger elevator service on business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 p.m. At any time or for the Premises using the Building Systems therefor. Tenant’s use of the passenger elevators shall be in common with other occupants of the Building. Tenant shall have the use of the passenger elevators that service the Premises at all times, except that Landlord, during Overtime Periods, shall have the right to limit reasonably the passenger elevators that Landlord makes available to service the Premises (provided that there is available to Tenant on a non-exclusive basis at all or any of the elevators in the Building may, at Landlord’s option, be automatic elevators, and Landlord shall not be required to furnish any operator service for automatic elevators. Notwithstanding the foregoing to the contrary, there shall be times at least one (1) automatic passenger elevator available on a twenty-four that services the Premises). Tenant shall use the passenger elevators only for purposes of transporting persons to and from the Premises. (24B) hourSubject to the terms of Section 9.6(C) hereof, seven (7) day per week basis, subject to applicable law, mechanical breakdown Article 10 hereof and force majeure. If Landlord shall, at any time, elect to furnish operator service for any automatic elevatorsthis Section 4.2, Landlord shall have the right to discontinue furnishing such provide Tenant with freight elevator service with the same effect as if Landlord had never elected to furnish such service. In the event Tenant shall require the use of the Building’s service elevators at any time other than those set forth above, Landlord shall endeavor to use its reasonable efforts to provide a freight service elevator or passenger elevator, as the case may be, for the use of Premises using the Building Systems therefor. Tenant, provided Tenant gives Landlord reasonable notice of the time and use of such elevators to be made by Tenant and Tenant pays Landlord’s usual and reasonable charge in effect at the time for the use therefore prior to Landlord having any obligation to supply such additional elevator services. Landlord, as a matter of Building policy will require a three (3) days’ advance request for the use of any Building freight elevator, together with appropriate evidence that an original certificate of insurance has been issued in connection with such use, and a certified check in the total amount of Landlord’s freight elevator charge for such use. The charges for the use of the freight elevator shall be for a minimum in common with other occupants of four the Building. Landlord shall have the right to prescribe reasonable rules from time to time regarding the rights of the occupants in the Building (4including, without limitation, Tenant) hours time. Notwithstanding the foregoing, during construction of Tenant’s move-in, Tenant may use the freight elevator on a non-exclusive basis during the above mentioned business hours, and provided Tenant has reserved the freight elevator in advance, Tenant may use the freight elevator on an exclusive basis after business hours. During Tenant’s move-in, Tenant shall be entitled to use the freight elevator (governing, for up example, the responsibility of occupants of the Building to eight reserve freight elevator use in advance, particularly for Overtime Periods). Tenant shall use the freight elevator in accordance with applicable Requirements. If Tenant uses the freight elevator during Overtime Periods, then Tenant shall pay to Landlord, as additional rent, an amount calculated at the reasonable hourly rates that Landlord charges from time to time therefor, within thirty (8) 30) days after Landlord’s giving to Tenant an invoice therefor; provided, however, that Tenant shall not be required to pay for the first twelve (12) hours of Tenant’s overtime use at no cost of the freight elevator only for Tenant’s initial move into the Premises (but not for purposes associated with the ordinary conduct of Tenant’s business). Landlord shall have the right to Tenantcharge Tenant for a particular minimum number of hours of usage of the freight elevator during Overtime Periods to the extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, without limitation, a freight elevator operator and loading dock attendant) for such minimum number of overtime hours. If (x) Tenant requests Landlord to provide Tenant with freight elevator service during Overtime Periods as provided in this Section 4.2(B), and (y) another tenant in the Building also uses, or other tenants in the Building also use, the applicable freight elevator during such Overtime Period, then Landlord shall allocate equitably the charges described in this Section 4.2(B) among Tenant and such other tenant or tenants.

Elevator Service. Landlord(A) Subject to the terms of Article 10 hereof and this Section 4.2, at Landlord’s expense, Landlord shall furnish necessary provide Tenant with passenger elevator service on business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 p.m. At any time or for the Premises using the Building Systems therefor. Tenant’s use of the passenger elevators shall be in common with other occupants of the Building. Tenant shall have the use of the passenger elevators that service the Premises at all times, all or any of the elevators in the Building mayexcept that Landlord, at Landlord’s optionduring Overtime Periods, be automatic elevators, and Landlord shall not be required to furnish any operator service for automatic elevators. Notwithstanding the foregoing to the contrary, there shall be at least one (1) automatic passenger elevator available on a twenty-four (24) hour, seven (7) day per week basis, subject to applicable law, mechanical breakdown and force majeure. If Landlord shall, at any time, elect to furnish operator service for any automatic elevators, Landlord shall have the right to discontinue furnishing limit reasonably the passenger elevators that Landlord makes available to service the Premises (provided that there is available to Tenant on a non-exclusive basis at all times at least two (2) passenger elevators that services the Premises). Tenant shall use the passenger elevators only for purposes of transporting persons to and from the Premises and such service with shall be subject to Unavoidable Delays, ordinary repair and upgrade work to the same effect elevator systems. Landlord represents that the passenger and freight elevators servicing the Premises shall be in good working order as if Landlord had never elected to furnish such service. In the event Tenant shall require the use of the Building’s service elevators at any time other than those set forth aboveCommencement Date, subject to normal repair and maintenance requirements as of the date thereof which shall not delay the Commencement Date. (B) Subject to the terms of Article 10 hereof and this Section 4.2, Landlord shall endeavor to use its reasonable efforts to provide a Tenant with freight elevator service elevator or passenger elevator, as the case may be, for the use of Premises using the Building Systems therefor. Tenant, provided Tenant gives Landlord reasonable notice of the time and use of such elevators to be made by Tenant and Tenant pays Landlord’s usual and reasonable charge in effect at the time for the use therefore prior to Landlord having any obligation to supply such additional elevator services. Landlord, as a matter of Building policy will require a three (3) days’ advance request for the use of any Building freight elevator, together with appropriate evidence that an original certificate of insurance has been issued in connection with such use, and a certified check in the total amount of Landlord’s freight elevator charge for such use. The charges for the use of the freight elevator shall be for a minimum in common with other occupants of four the Building. Landlord shall have the right to prescribe reasonable rules from time to time regarding the rights of the occupants in the Building (4including, without limitation, Tenant) hours time. Notwithstanding the foregoing, during construction of Tenant’s move-in, Tenant may use the freight elevator on a non-exclusive basis during the above mentioned business hours, and provided Tenant has reserved the freight elevator in advance, Tenant may use the freight elevator on an exclusive basis after business hours. During Tenant’s move-in, Tenant shall be entitled to use the freight elevator (governing, for up example, the responsibility of occupants of the Building to eight reserve freight elevator use in advance, particularly for Overtime Periods). Tenant shall use the freight elevator in accordance with applicable Requirements. If Tenant uses the freight elevator during Overtime Periods, then Tenant shall pay to Landlord, as additional rent, the sum of one hundred and thirty-five (8) $135) dollars an hour, within thirty (30) days after Landlord’s giving to Tenant an invoice therefor. Landlord shall have the right to charge Tenant for a particular minimum number of hours of usage of the freight elevator during Overtime Periods to the extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, without limitation, a freight elevator operator and loading dock attendant) for such minimum number of overtime use at no cost hours. If (x) Tenant requests Landlord to Tenantprovide Tenant with freight elevator service during Overtime Periods as provided in this Section 4.2(B), and (y) another tenant in the Building also uses, or other tenants in the Building also use, the applicable freight elevator during such Overtime Period, then Landlord shall allocate equitably the charges described in this Section 4.2(B) among Tenant and such other tenant or tenants.

Elevator Service. Landlord(A) Subject to the terms of Section 9.6(C) hereof, at Landlord’s expenseArticle 10 hereof and this Section 4.2, Landlord shall furnish necessary provide Tenant with passenger elevator service on business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 p.m. At any time or for the Premises using the Building Systems therefor. Tenant’s use of the passenger elevators shall be in common with other occupants of the Building. Tenant shall have the use of the passenger elevators that service the Premises at all times, except that Landlord, during Overtime Periods, shall have the right to limit reasonably the passenger elevators that Landlord makes available to service the Premises (provided that there is available to Tenant on a non-exclusive basis at all or any of the elevators in the Building may, at Landlord’s option, be automatic elevators, and Landlord shall not be required to furnish any operator service for automatic elevators. Notwithstanding the foregoing to the contrary, there shall be times at least one (1) automatic passenger elevator available on a twenty-four that services the Premises). Tenant shall use the passenger elevators only for purposes of transporting persons to and from the Premises. (24B) hourSubject to the terms of Section 9.6(C) hereof, seven (7) day per week basis, subject to applicable law, mechanical breakdown Article 10 hereof and force majeure. If Landlord shall, at any time, elect to furnish operator service for any automatic elevatorsthis Section 4.2, Landlord shall have the right to discontinue furnishing such provide Tenant with freight elevator service with the same effect as if Landlord had never elected to furnish such service. In the event Tenant shall require the use of the Building’s service elevators at any time other than those set forth above, Landlord shall endeavor to use its reasonable efforts to provide a freight service elevator or passenger elevator, as the case may be, for the use of Premises using the Building Systems therefor. Tenant, provided Tenant gives Landlord reasonable notice of the time and use of such elevators to be made by Tenant and Tenant pays Landlord’s usual and reasonable charge in effect at the time for the use therefore prior to Landlord having any obligation to supply such additional elevator services. Landlord, as a matter of Building policy will require a three (3) days’ advance request for the use of any Building freight elevator, together with appropriate evidence that an original certificate of insurance has been issued in connection with such use, and a certified check in the total amount of Landlord’s freight elevator charge for such use. The charges for the use of the freight elevator shall be for a minimum in common with other occupants of four the Building. Landlord shall have the right to prescribe reasonable rules from time to time regarding the rights of the occupants in the Building (4including, without limitation, Tenant) hours time. Notwithstanding the foregoing, during construction of Tenant’s move-in, Tenant may use the freight elevator on a non-exclusive basis during the above mentioned business hours, and provided Tenant has reserved the freight elevator in advance, Tenant may use the freight elevator on an exclusive basis after business hours. During Tenant’s move-in, Tenant shall be entitled to use the freight elevator (governing, for up example, the responsibility of occupants of the Building to eight reserve freight elevator use in advance, particularly for Overtime Periods). Tenant shall use the freight elevator in accordance with applicable Requirements. If Tenant uses the freight elevator during Overtime Periods, then Tenant shall pay to Landlord, as additional rent, an amount calculated at the reasonable hourly rate that Landlord charges from time to time therefor, within thirty (8) 30) days after Landlord’s giving to Tenant an invoice therefor; provided, however, that Tenant shall not be required to pay for Tenant’s use of the freight elevator for the first forty (40) hours that Tenant uses same during Overtime Periods in connection with Tenant’s initial move into the Premises. Landlord’s charges therefor as of the date hereof are attached hereto as Exhibit “4.2”. Landlord shall have the right to charge Tenant for a particular minimum number of hours of usage of the freight elevator during Overtime Periods to the extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, without limitation, a freight elevator operator and loading dock attendant) for such minimum number of overtime use at no cost hours. If (x) Tenant requests Landlord to Tenantprovide Tenant with freight elevator service during Overtime Periods as provided in this Section 4.2(B), and (y) another tenant in the Building also uses, or other tenants in the Building also use, the applicable freight elevator during such Overtime Period, then Landlord shall allocate equitably the charges described in this Section 4.2(B) among Tenant and such other tenant or tenants.

Elevator Service. Landlord(A) Subject to the terms of Section 9.6(B) hereof, at Landlord’s expenseSection 9.6(C) hereof, Article 10 hereof and this Section 4.2, Landlord shall furnish necessary provide Tenant with passenger elevator service on business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 p.m. At any time or times, all or any for the Premises using the Building Systems therefor. Tenant's use of the passenger elevators shall be in common with other occupants of the Building mayBuilding. As of the date hereof, at Landlord’s option, be automatic elevatorsLandlord and Tenant acknowledge that there are three (3) passenger cars that service the Premises, and Landlord shall not be required to furnish any operator service for automatic elevators. Notwithstanding the foregoing to the contrary, there shall be at least install one (1) automatic new passenger elevator car to service the Premises in accordance with the terms of Section 6.2(N) hereof. Subject to the terms of Section 9.6(B) hereof, Section 9.6(C) hereof, Article 10 hereof and this Section 4.2, Tenant shall have the use of the passenger elevators that service the Premises at all times, except that Landlord, during Overtime Periods, shall have the right to limit reasonably the passenger elevators that Landlord makes available to service the Premises (provided that there is available to Tenant on a twentynon-four exclusive basis at all times at least two (242) hourpassenger elevators that service the Premises). Tenant shall use the passenger elevators only for purposes of transporting persons to and from the Premises. (B) Subject to the terms of Section 9.6(B) hereof, seven (7Section 9.6(C) day per week basishereof, subject to applicable lawArticle 10 hereof and this Section 4.2, mechanical breakdown and force majeure. If Landlord shall, at any time, elect to furnish operator shall provide Tenant with freight elevator service for any automatic elevatorsthe Premises using the Building Systems therefor, and the right to use the Building loading dock. Tenant's use of the freight elevator and the loading dock shall be in common with other occupants of the Building. Landlord shall have the right to discontinue furnishing such service with prescribe reasonable rules from time to time regarding the same effect as if Landlord had never elected rights of the occupants in the Building (including, without limitation, Tenant) to furnish such serviceuse the freight elevator and the loading dock (governing, for example, the responsibility of occupants of the Building to reserve freight elevator and loading dock use in advance, particularly for Overtime Periods). In the event Tenant shall require use the use of freight elevator and loading dock in accordance with applicable Requirements. If Tenant uses the Building’s service elevators at any time other than those set forth abovefreight elevator and/or loading dock during Overtime Periods, Landlord then Tenant shall endeavor pay to use its reasonable efforts to provide a freight service elevator or passenger elevator, as the case may be, for the use of Tenant, provided Tenant gives Landlord reasonable notice of the time and use of such elevators to be made by Tenant and Tenant pays Landlord’s usual and reasonable charge in effect at the time for the use therefore prior to Landlord having any obligation to supply such additional elevator services. Landlord, as a matter of Building policy will require a three (3) days’ advance request for additional rent, an amount equal to the use of any Building freight elevator, together Out-of-Pocket Costs that Landlord incurs in providing Tenant with appropriate evidence that an original certificate of insurance has been issued in connection with such use, and a certified check in the total amount of Landlord’s freight elevator charge for such use. The charges for the use of the freight elevator and loading dock during Overtime Periods, within thirty (30) days after Landlord's giving to Tenant an invoice therefor; provided, however, that Tenant shall not be required to pay for a minimum of four the first two hundred fifty (4250) hours time. Notwithstanding the foregoing, during construction of Tenant’s move-in, Tenant may 's overtime use of the freight elevator on and loading dock in the aggregate only for Tenant's Initial Alterations and initial move into the Premises. Landlord shall have the right to charge Tenant for a non-exclusive basis during the above mentioned business hours, and provided Tenant has reserved particular minimum number of hours of usage of the freight elevator in advanceand the loading dock during Overtime Periods to the extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, Tenant may use the without limitation, a freight elevator on an exclusive basis after business operator and loading dock attendant) for such minimum number of overtime hours. During Tenant’s move-in, If (x) Tenant shall be entitled requests Landlord to use the provide Tenant with freight elevator for up to eight (8) hours of overtime use at no cost to Tenant.service during Overtime Periods as provided in this Section

Elevator Service. Landlord(A) Subject to the terms of Section 9.6(C) hereof, at Landlord’s expenseArticle 10 hereof and this Section 4.2, Landlord shall furnish necessary provide Tenant with passenger elevator service on business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 p.m. At any time or for the Premises using the Building Systems therefor. Tenant’s use of the passenger elevators shall be in common with other occupants of the Building. Tenant shall have the use of the passenger elevators that service the Premises at all times, except that Landlord, during Overtime Periods, shall have the right to limit reasonably the passenger elevators that Landlord makes available to service the Premises (provided that there is available to Tenant on a non-exclusive basis at all or any times at least two (2) passenger elevators that services the Premises). Tenant shall use the passenger elevators only for purposes of transporting persons to and from the Premises. (B) Subject to the terms of Section 9.6(C) hereof, Article 10 hereof and this Section 4.2, Landlord shall provide Tenant with freight elevator service for the Premises using the Building Systems therefor. Tenant’s use of the elevators freight elevator shall be in common with other occupants of the Building. Landlord shall have the right to prescribe reasonable rules from time to time regarding the rights of the occupants in the Building may(including, without limitation, Tenant) to use the freight elevator (governing, for example, the responsibility of occupants of the Building to reserve freight elevator use in advance, particularly for Overtime Periods). Tenant shall use the freight elevator in accordance with applicable Requirements. If Tenant uses the freight elevator during Overtime Periods, then Tenant shall pay to Landlord, as additional rent, an amount calculated at the reasonable hourly rates that Landlord customarily charges from time to time therefor, within thirty (30) days after Landlord’s optiongiving to Tenant an invoice therefor, be automatic elevatorswhich rate, as of the date hereof, is Two Hundred Ten Dollars and Landlord shall not be required to furnish any operator service for automatic elevatorsFifty-Two Cents ($210.52) per hour. Notwithstanding the foregoing to the contrary, there Tenant shall not be at least one required to pay for the first forty (140) automatic passenger hours of Tenant’s overtime use of the freight elevator available on a twenty-four only for Tenant’s initial move into the Premises or Tenant’s performance of the Initial Alterations (24) hour, seven (7) day per week basis, subject to applicable law, mechanical breakdown and force majeurebut not for purposes associated with the ordinary conduct of Tenant’s business). If Landlord shall, at any time, elect to furnish operator service for any automatic elevators, Landlord shall have the right to discontinue furnishing such service with the same effect as if Landlord had never elected to furnish such service. In the event charge Tenant shall require the use for a particular minimum number of the Building’s service elevators at any time other than those set forth above, Landlord shall endeavor to use its reasonable efforts to provide a freight service elevator or passenger elevator, as the case may be, for the use hours of Tenant, provided Tenant gives Landlord reasonable notice of the time and use of such elevators to be made by Tenant and Tenant pays Landlord’s usual and reasonable charge in effect at the time for the use therefore prior to Landlord having any obligation to supply such additional elevator services. Landlord, as a matter of Building policy will require a three (3) days’ advance request for the use of any Building freight elevator, together with appropriate evidence that an original certificate of insurance has been issued in connection with such use, and a certified check in the total amount of Landlord’s freight elevator charge for such use. The charges for the use usage of the freight elevator shall be for during Overtime Periods to the extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, without limitation, a minimum of four (4) hours time. Notwithstanding the foregoing, during construction of Tenant’s move-in, Tenant may use the freight elevator on a non-exclusive basis operator and loading dock attendant) for such minimum number of overtime hours. If (x) Tenant requests Landlord to provide Tenant with freight elevator service during the above mentioned business hoursOvertime Periods as provided in this Section 4.2(B), and provided Tenant has reserved (y) another tenant in the Building also uses, or other tenants in the Building also use, the applicable freight elevator during such Overtime Period, then Landlord shall allocate equitably the charges described in advance, this Section 4.2(B) among Tenant may use the freight elevator on an exclusive basis after business hours. During Tenant’s move-in, Tenant shall be entitled to use the freight elevator for up to eight (8) hours of overtime use at no cost to Tenantand such other tenant or tenants.