Building Renovations It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter Agreement. However, Tenant hereby acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Project, the Building and/or the Premises including without limitation the parking structure, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) installing sprinklers in the Building common areas and tenant spaces, (ii) modifying the common areas and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iii) installing new floor covering, lighting, and wall coverings in the Building common areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord's actions.
Premises Building Project and Common Areas 1.1 Premises, Building, Project and Common Areas.
PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:
Building Services 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building lavatories, and for any fixtures which would normally be found in a general office space for use of all employees therein (for example, without limitation, drinking fountains and fixtures and equipment that may be found in a kitchenette breakroom area, such as a sink, icemaker, dishwasher, and water lines to a refrigerator; collectively, the “Breakroom Fixtures”). Even though same may be located in the Premises, Landlord agrees to be responsible for the maintenance and repair of any fixtures and water lines serving the lavatories on each floor on which the Premises are located, except to the extent caused by any misuse or vandalism of Tenant, its employees, contractors or any other parties in the Premises at the invitation of Tenant. However, Tenant shall be responsible, at Tenant’s cost, for the repair and maintenance of the water line(s) and fixtures within the Premises relating to any Breakroom Fixtures; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) Elevator service, provided that Landlord shall lock off elevator access to the fourth through seventh floors of the Building so long as the same are unoccupied; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) a permanent security desk in the lobby of the Building, (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. For purposes hereof, such standard for the Building is: (i) a design load of 1.6 ▇▇▇▇▇ per square foot of net usable floor area for all building standard overhead lighting located within the Premises which requires a voltage of 480/277 volts; and (ii) a connected load of 5 ▇▇▇▇▇ per square foot of net usable area for all equipment located and operated within the Premises which requires a voltage of 120/208 volts single phase or less, it being understood that electricity required to operate the base building HVAC system is not included within or deducted from such 5 ▇▇▇▇▇ per square foot described in this subsection. Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the cost of such excess electrical usage as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire {QuinStreet, Inc. -6-00004264.} May 30, 2003 Matter ID Number: 7329 Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.
Buildings and Structures 1. Repair or retrofit of buildings less than 45 years old. 2. Removal of water by physical or mechanical means. 3. Installation of exterior security features and early warning devices on existing light poles or other permanent utilities.