PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., Mondays through Fridays, and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the Building. In addition, Landlord shall provide electric current for normal lighting, normal office machines and normal office uses, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation and sewage purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurring, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally furnished to other tenants of the Project at the rate generally charged by Landlord to tenants of the Project. (b) 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 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 (other than a refrigerator and dishwasher). (c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11 (a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. 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 excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed. (d) If any non-standard 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 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 foregoing. (e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time). (f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or services, including without limitation electric current, required to be provided by Landlord by reason of any substantial recurrent use by Tenant of the Premises other than during the times provided in Article 11(a) above. (g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
PROJECT SERVICES. (a) 11.1 Building Hours Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, Premises from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidaysholidays excepted (“Building Hours”), air conditioning and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the Building. In additionelevator service, Landlord shall provide electric current (subject to Article 11.2) for normal lighting, normal lighting and fractional horsepower for office machines and normal office usesand, elevator service and water (hot and cold) on the same floor as the Premises Premises, water for lavatorylavatory and drinking purposes, drinking, sanitation and sewage purposes all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office usethe comfortable occupancy of the Premises. Janitorial and maintenance services shall will be furnished five (5) days per week, excepting local and national holidays. Such janitorial service shall be provided in accordance with standards for comparable class “A” office buildings in the City of El Segundo. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputesdispute, breakdowns, accidents, necessary repairs or any other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and for all overtime or additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at Landlord’s expense. Landlord’s obligation to render to the rate generally Premises services during non-Building Hours or above-standard building services shall be conditioned upon the payment by Tenant of all sums charged by Landlord for such services pursuant to tenants of the Project.
(b) 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 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 (other than a refrigerator and dishwasher).
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under this Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. 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 excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard 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 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 foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or services, including without limitation electric current, required to be provided by Landlord by reason of any substantial recurrent use by Tenant of the Premises other than during the times provided in Article 11(a) above.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, heat all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the BuildingPremises. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 office equipment, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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 propertyproperty or injury to, or interference with, Tenant's business (including, but not limited to, loss of profits), however occurring, through or in connection with, with or incidental to, to failure to furnish any of the foregoingservices or utilities specified in this Article 11.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a11 (a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours afterhours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles I I (c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that Landlord reasonably determines is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 8:00 a.m. to 1:00 p.m. on Saturdays, excepting local New Year's Day, Memorial Day, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Day, Presidents Day, Independence Day, Labor Day, Thanksgiving Day, and national holidaysChristmas Day, air conditioning and heat, heat ("HVAC") all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises Premises. With respect to HVAC supplied by Landlord, Landlord shall comply with any current or future laws, ordinances, rules and regulations concerning office building indoor air quality, promulgated by any government authority having jurisdiction over the BuildingProject or over persons occupying or working in the Project. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial First-class janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysholidays by a bonded and insured janitorial contractor retained by Landlord. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area "air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Except as otherwise provided in Section 11(h) below, Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 office equipment, Landlord shall have the right right, after five (5) days prior written notice to Tenant, to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, to modifications to the standard air conditioning equipment, and the reasonable cost thereof, including the reasonable 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, with or incidental to, to failure to furnish any of or the foregoing. Landlord hereby acknowledges that so long as Tenant utilizes the Existing Package Units, Tenant's anticipated density in the Premises of one hundred twenty (120) people and two hundred (200) standard desk-top computers will not materially affect the temperature otherwise maintained by the Project-standard HVAC system in the Premises.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours afterhours use, which standard chargerates are currently, as of the date hereofof this Lease, is Fifty-Five Dollars ($35.00 55.00) per hour (subject to increase from time to timetime in accordance with increases in amounts reasonably estimated by Landlord to be its cost of providing such service, which costs shall be limited to increased electrical costs). Landlord shall use commercially reasonable efforts to install an "on-demand" after-hours HVAC system servicing the Premises on or before December 31, 1999, in which case Tenant shall not be required to give Landlord advance notice of such after-hours use pursuant to the first sentence of this Article 11(e).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that Landlord reasonably determines is typical for general office use.
(g) If Subject to Landlord's security requirements and Articles 16 and 18 below, Tenant is prevented from using, and does not use, shall have access to the Premises or any portion thereof or the parking facilitiestwenty-four (24) hours per day, as a result of any failure to provide services to the Premisesseven (7) days per week, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for three hundred sixty-five (5365) consecutive business days (per year throughout the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the PremisesLease Term.
Appears in 1 contract
Sources: Standard Office Lease (Trinagy Inc)
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 8:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the BuildingPremises. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 office equipment, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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, with or incidental to, to failure to furnish any of the foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that Landlord reasonably determines is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., Mondays through Fridays, and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, heat all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the Building. In addition, Landlord shall provide electric current for normal lighting, normal office machines and normal office uses, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation and sewage purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office usemachines. Landlord shall replace, upon Tenant's request and as Landlord deems necessary, at a cost to be included in Operating Costs, Project-standard lightbulbs in the Premises. All such electricity shall be separately metered at Tenant's sole cost and expense and Tenant shall make payment directly to the entity providing such electricity. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss offor, or injury toand, property or for injury toexcept as provided in Section 8(c) of this Lease, or interference with, Tenant's business, including, without limitation, loss of profits however occurring, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Landlord shall provide, at a cost to be included in Operating Costs, water on the same floor as the Premises for lavatory and drinking purposes in such reasonably quantities as in the judgment of Landlord is reasonably necessary for general office use. Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Landlord may charge Tenant shall require for Landlord's actual costs for any utilities or services (other than electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. 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 excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard 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 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 foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in which shall be governed by Article 11(a) above, ) utilized by Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as in excess of the date hereof, amount or type that Landlord reasonably determines is $35.00 per hour (subject to increase from time to time)typical for general office use.
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or services, including without limitation electric current, required to be provided by Landlord by reason of any substantial recurrent use by Tenant of the Premises other than during the times provided in Article 11(a) above.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
Sources: Standard Office Lease (Sound Source Interactive Inc /De/)
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, heat all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the BuildingPremises. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) . Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher).
(c) water. If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a11(b) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor therefore by Landlord, for all such excess electric current electriccurrent consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) . If any non-standard lights, machines or equipment (including, but including by 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 office equipment, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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, with or incidental to, to failure to furnish any of the foregoing.
(e) . If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give given Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or services, including without limitation electric current, required to be provided by Landlord by reason of any substantial recurrent use by Tenant of the Premises other than during the times provided in Article 11(a) above.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
Sources: Master Lease (Inetvisionz Com Inc)
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, heat all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the BuildingPremises. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial Tenant shall be responsible for employing a janitorial and maintenance service for the Premises, which contractor shall provide services shall be furnished five (5) days per weekweek and shall be reasonably approved by Landlord, excepting local and national holidaysTenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide such services in the Premises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require Landlord reasonably determines that Tenant's requirements for electric current are in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause require Tenant to install an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 office equipment, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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, with or incidental to, to failure to furnish any of the foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that Landlord reasonably determines is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
PROJECT SERVICES. (a) Basic Services. Landlord agrees to furnish to Tenant at the Tower Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidaysHolidays (“Business Hours”), air conditioning and heat, heat (“HVAC”) all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Tower Premises. Landlord shall use commercially reasonable efforts to cause the Tower’s HVAC system to perform in accordance with the ASHRAE Standard 2004. The term “Holidays” shall mean, as of the date of this Lease, New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; provided, however, Landlord reserves the right to add other nationally recognized holidays. Subject to repairs (which, to the extent feasible, shall be scheduled outside of Business Hours), at least three (3) passenger elevators serving the Premises located in the Tower shall be running during Business Hours and at least one (1) passenger elevator and one (1) freight elevator shall be running at all other times. HVAC to the Annex Premises shall be provided by Landlord to all areas of the Annex Premises provided Tenant elects to convert the existing data center to office space; provided, however, that if Tenant elects not to convert the data center to office space, HVAC shall be provided by Landlord only to the office portion of the Annex Premises and Tenant shall be responsible for providing HVAC required by Tenant to the Buildingremaining portions of the Annex Premises. In addition, Landlord shall provide electric current for normal lighting, normal office machines and normal office usesof six (6) ▇▇▇▇▇ per usable square foot, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary and in compliance with applicable codes. All utilities to the Premises shall be separately metered at Landlord’s cost and Tenant shall make payment directly to the entities providing such utility services (provided, however, that notwithstanding the foregoing, the parties acknowledge that electricity required in order to power the HVAC system for general office usethe Tower shall be included in Operating Costs). Janitorial and maintenance services shall be furnished five (5) days per week, excepting local Holidays in accordance with the specifications attached hereto as Exhibit “H” and national holidaysmade a part hereof. The cost of such janitorial service provided to the Tower Premises shall be included in Operating Costs; however, the cost of such janitorial service provided to the Annex Premises shall be payable by Tenant monthly, as Additional Rent. Landlord will provide a food service vendor for the Project; however, Tenant acknowledges that such food service may be temporarily discontinued for a change in vendor and/or remodeling, provided that Landlord shall use its best commercially reasonable efforts to minimize any discontinuation of such service and, in any event, such service shall not be discontinued for a period in excess of six (6) months. Furthermore, Landlord at all times during the Term shall provide a fitness center at the Project, provided that Tenant acknowledges that the size and level of service of such fitness center may change from time to time, Landlord shall not be obligated to provide a swimming pool in connection with such fitness center and such fitness center may temporarily close from time to time due to a change in vendor and/or remodeling. Tenant shall have the option, upon thirty (30) days prior written notice to Landlord, to provide its own janitorial service to the Annex Premises, provided that any janitorial contractor shall be subject to Landlord’s reasonable approval and must be bonded. Tenant shall comply with all reasonable rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical electrical, intrabuilding network cable cabling and wiring and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and except as provided in Section 11(i) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not generally uniformly furnished to other tenants of the Project at the rate generally charged by Landlord to all tenants of the Project.
(b) Tenant will not, without the prior written consent of at Landlord, use any apparatus or device in the Premises, 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 (other than a refrigerator and dishwasher).
(c) If Tenant shall require electric current in excess of that which Landlord is obligated ’s actual cost to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. 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 excess electric current consumed by any such use as shown by said meter at the rates charged for provide such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumedwith no ▇▇▇▇-up.
(d) If any non-standard 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 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 foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or services, including without limitation electric current, required to be provided by Landlord by reason of any substantial recurrent use by Tenant of the Premises other than during the times provided in Article 11(a) above.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
Sources: Standard Office Lease
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., Mondays through Fridays, and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and consistent with similar quality office buildings in the Buildinggeneral vicinity of the Project. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general general, normal office use. Janitorial and maintenance services shall be furnished five (5) days per week, after regular business hours, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems, provided such rules are consistently applied to all tenants of the Project. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided unless such stoppage, reduction or interruption materially and adversely interferes with Tenant's use of the Premises and continues for a period in Article 13excess of five (5) consecutive business days. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) 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 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a11(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute reasonable discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. 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 excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard 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 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 foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above in areas other than Tenant's Network Room or its customer care area (which shall be separately controlled and paid for by Tenant pursuant to Article 11(d) above), Tenant shall give Landlord no less than 24 hours notice prior to the time such advance services are required (provided, however, that in the event such systems are remotely controlled via a telephone system or other Tenant accessible system, then no such notice Initials: ------- ------- as shall be required) and Landlord shall reasonably require and provide such services as requested. Tenant shall pay Landlord's standard charge for such after-hours use, use (which standard charge, as charge shall not exceed $25.00 per hour during the Term). Without limiting the generality of the date hereof, is $35.00 per hour foregoing. Tenant shall be solely responsible for all utility costs incurred by Landlord in connection with providing HVAC to a portion of the Premises from the Supplemental HVAC Unit (subject to increase from time to timeas defined in the Work Letter Agreement attached hereto as Exhibit "D").
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services Subject to the Premisesterms and conditions of this Lease, Tenant and such failure was not caused directly or indirectly by the negligence of Tenant, its 's employees, agents or visitorsand invitees may access the Premises twenty-four (24) hours per day, guestsseven (7) days per week, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for three hundred sixty-five (5365) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premisesper year.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to maintain, operate and repair the Building in a first-class manner. Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 2:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, heat all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the BuildingPremises. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Except as provided in Section 11(g) below, Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 office equipment, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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, with or incidental to, to failure to furnish any of the foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, charge as of the date hereof, of this Lease is $35.00 3.29 per hour per sector (subject to with approximately twenty-five (25) sectors per floor in the Project), provided that any increase from time to time)in the charge per hour per sector shall be based upon Landlord's reasonable estimate of increases in its actual cost of providing such service.
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that Landlord reasonably determines is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
Sources: Credit, Security, Guaranty and Pledge Agreement (Kushner Locke Co)
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 7:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, heat all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the BuildingPremises. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Except as provided in Section 11(g) below, Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 office equipment, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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 propertyproperty or injury to, or interference with, Tenant's business (including, but not limited to, loss of profits), however occurring, through or in connection with, with or incidental to, to failure to furnish any of the foregoingservices or utilities specified in this Article 11.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's reasonable and standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that Landlord reasonably determines is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
Sources: Standard Office Lease (Investment Technology Group Inc)
PROJECT SERVICES. (a) Landlord agrees Tenant shall be solely responsible for performing due diligence with regard to furnish all building systems and utilities to Tenant at ensure the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., Mondays through Fridays, and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary same are adequate for the comfortable occupancy of the Premises and the BuildingTenant's intended use. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial Effective as of April 1, 2000, all such electricity shall be separately metered at Tenant's sole cost and expense and Tenant shall make payment directly to the entity providing such electricity. All other utilities used by Tenant in the Premises shall be separately metered at Tenant's sole cost and expense and Tenant shall make payment directly to the entity providing such utilities. Tenant shall have the right to reasonably designate the entity which will provide electricity to the Premises, so long as there is no interference with, or interruption of, the electricity to other tenants of the Project caused by such designation or the providing of service by Tenant's designated provider. Landlord shall have the right to approve any work to be done by such utility provider prior to the commencement of such work in accordance with the terms and conditions of Article 9 above. Tenant shall be responsible for employing a janitorial and maintenance services service, which contractor shall be furnished five reasonably approved by Landlord, and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide such services in the Premises. Landlord and Tenant hereby acknowledge that an independent heating, ventilation and air conditioning system (5"HVAC System") days is installed in the Premises and that Tenant shall, at Tenant's sole cost and expense, maintain a service and/or maintenance contract for such HVAC System with a contractor designated by Landlord in its reasonable discretion, which contractor shall perform all maintenance and repairs on the HVAC System, as such maintenance and repairs are reasonably deemed necessary by Landlord. In addition to separately metered electricity and the repair and maintenance obligations for such HVAC System, Tenant shall pay to Landlord the sum of Two Hundred Twenty-Seven and 00/100 Dollars ($227.00) per weekmonth, excepting local which sum represents Landlord's reasonable estimate of the amount of increased wear and national holidaystear on the HVAC System caused by Tenant's above-standard use. The parties hereby acknowledge that the above number is an estimate of the wear and tear caused by Tenant's intended level of use and Tenant hereby agrees that Tenant will not use more than one-third (1/3) of the HVAC System on a twenty-four (24) hour per day, seven (7) day per week schedule, and the remaining two-thirds (2/3) of the HVAC System capacity shall be used during normal business hours (e.g. 8:00 a.m. - 6:00 p.m. Monday through Friday and 8:00 a.m. - 1:00 p.m. on Saturday). In the event Tenant's use of the HVAC System exceeds the referenced amounts, Landlord shall adjust the monthly amount to reflect such increased usage. Landlord shall cause such HVAC System (but not the two (2) chillers on the north side of the Project) to be in good working order as of the Commencement Date. For purposes of this Lease, the two (2) chillers on the north side of the Project, together with the enclosed area which contains the chillers shall be a part of the Premises and Tenant shall be responsible, at Tenant's sole cost and expense, for any and all repairs and maintenance of such chillers necessary for Tenant's use of such chillers. Neither Landlord nor Tenant shall have any obligation to replace or retrofit the chillers in the event such replacement or retrofit is necessary during the Term, or upon expiration, of this Lease. Further, in the event Tenant desires to remove the chillers from the Project, Tenant may do so at Tenant's sole cost and expense, only after first providing written notice to Landlord and allowing Landlord a reasonable opportunity to remove or take possession of such chillers. In the event Tenant elects to remove the chillers and Landlord does not elect to remove or take possession of the chillers, Tenant shall repair any damage to the Premises or Project caused by Initials: /s/ KM -------- -12- /s/ VC -------- such removal. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. 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 excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard 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 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 foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric currentventilation and/or air conditioning which shall be governed by Articles 11(a) and (b) above) utilized by Tenant in excess of the amount or type that Landlord reasonably determines is typical for general office use.
(d) Tenant shall have the right to use the existing fiber optic cable in the Project, required or Tenant may elect to install new fiber optic cable; provided that the installation of such new fiber optic cable does not interfere with any other tenants of the Project, and further provided that Landlord shall have the right to approve any work to be provided done by Landlord by reason such fiber optics provider prior to the commencement of any substantial recurrent use by Tenant such work in accordance with the terms and conditions of the Premises other than during the times provided in Article 11(a) 9 above.
(ge) If Subject to Landlord's security requirements, repairs made by Landlord to the Project and Articles 16 and 18 below, Tenant is prevented from using, and does not use, shall have access to the Premises or any portion thereof or twenty-four (24) hours per day, seven (7) days per week throughout the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the PremisesTerm.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 7:00 a.m. to 6:00 p.m., 7:00 p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, heat all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the Buildingas contemplated herein. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement (except to the extent set forth in Section 20(f) below) as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13services. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally otherwise covered within the rental payments to be made by Tenant hereunder or uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a11(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard 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 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 foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's ’s standard charge for such after-hours use, which standard charge, as of the date hereof, is currently $35.00 per hour and shall not exceed the lesser of (subject i) the amount charged by Landlord to increase from time to time)any other tenant in the Project; and (ii) Landlord’s actual cost of supplying the same.
(fe) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (d) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) above.
(g) If Tenant amount or type that Landlord reasonably determines is prevented from using, and does not typical for general office use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if such charge may not exceed the portion lesser of (i) the Premises that Tenant is prevented from using, and does not use, is so significant as amount charged by Landlord to make it impractical for Tenant to conduct its business any other tenant in the Premises Project; and Tenant does not, in fact, for that reason, conduct its business in (ii) Landlord’s actual cost of supplying the Premisessame.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 7:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the BuildingPremises. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other causecause unless such stoppage, except as expressly provided reduction or interruption continues for more than ten (10) consecutive business days and Tenant’s use of the Premises is materially interrupted, in Article 13which case all rent payable hereunder shall a▇▇▇▇ thereafter in proportion to the portion of the Premises actually affected, until such interruption is cured. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
11 (a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 office equipment, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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, with or incidental to, to failure to furnish any of the foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a1 l(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's ’s standard charge for such after-hours use, which standard charge, as of the date hereof, is currently $35.00 100.00 per hour (subject to increase from time to time)per tenant for HVAC and $20.00 per hour per tenant for fans only.
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 1 l(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that Landlord reasonably determines is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 7:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the BuildingPremises. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Landlord shall endeavor to make up to Tenant’s Proportionate Share of the Building’s electric, HVAC and riser capacity available to the Premises, on an aggregate basis, during the Term of this Lease. Notwithstanding the foregoing, Landlord shall not be liable for any costs, expenses, losses or liabilities suffered or incurred by Tenant as a result of Landlord’s failure to comply with the preceding sentence. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other causecause unless such stoppage, except as expressly provided reduction or interruption continues for more than five (5) consecutive business days and Tenant’s use of the Premises is materially interrupted, in Article 13which case all rent payable hereunder shall a▇▇▇▇ thereafter in proportion to the portion of the Premises actually affected, until such interruption is cured. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, Premises 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
11 (a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by Tenant, Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 office equipment, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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, with or incidental to, to failure to furnish any of the foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a11 (a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's ’s standard charge for such after-hours use, which standard charge, as of the date hereof, is currently $35.00 100.00 per hour (subject to increase from time to time)per tenant for HVAC and $20.00 per hour per tenant for fans only.
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that Landlord reasonably determines is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., p.m. Mondays through Fridays, Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, electric current for normal lighting and fractional horsepower for office machines, elevator service and water on the same floor as the Premises, for lavatory and drinking purposes, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and otherwise consistent with the Building. In addition, Landlord shall provide electric current for normal lighting, normal amounts furnished by landlords of similar office machines and normal office uses, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation and sewage purposes buildings in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office useWest Los Angeles. Janitorial and maintenance services shall be furnished five (5) days per a week, excepting local and national holidays. Tenant shall comply with all non- discriminatory rules and regulations which Landlord may reasonably reasonable establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall enforce said rules and regulations on a non-discriminatory basis. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and for all overtime or additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the ProjectLandlord's actual expense.
(b) Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including without limitation electronic data processing machines, computer or video equipment or other machines or equipment, 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 water. Nothing contained in this subsection (b) is intended to restrict Tenant from using equipment and other than a refrigerator and dishwasher)machines which are deemed to be standard in first-class office buildings in West Los Angeles.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
11(a) and (ab) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute reasonable discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premisesfor any such other use. The cost of any such meter and of installation, maintenance and repair thereof, thereof shall be paid for by TenantTenant so long as such consumption by Tenant is in excess of that uniformly furnished to all tenants at Landlord's expense, and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord, for all such excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city City in which the Project is located or the local public utilityPublic Utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, including but not limited to computers) are used by Tenant in the Premises in amounts beyond the standard found in first-class office buildings in West Los Angeles and 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, including but not limited to, 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 propertyproperly, however occurring, through or in connection with, with or incidental to, to failure to furnish any of the foregoing, [unless such failure was within Landlord's actual control to prevent.]
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge actual cost for the use of such afterequipment with a two (2) hour minimum provided, however, the cost for the use f such equipment shall not exceed, during the Lease term, Sixty-hours use, which standard charge, as of the date hereof, is Five Dollars ($35.00 per hour (subject to increase from time to time)65.00) for each hour.
(f) Subject Landlord, at its sole cost and expense, shall hire a security service company for the Project, which company shall also provide after-hours escort service to the terms Project's parking structure for Tenant's employees and visitors. Landlord makes no representations as to the type and level of Article 11(c) above, Landlord may impose a reasonable charge for any utilities security or services, including without limitation electric current, required to be provided by Landlord by reason of any substantial recurrent use by Tenant quality of the Premises other than during company's employees. Tenant specifically agrees that the times provided in Article 11(a) abovesecurity is for the Project and is not a full-time service to guard the parking structure or the Premises.
(g) If In the event that Tenant is prevented from using, and does not use, using the Premises or any portion thereof or the parking facilities, as a result of any failure of Landlord to provide utilities, services or access to the PremisesPremises or the Project, and such failure was or there exists a hazardous material in the Premises (not caused directly brought into the Premises by Tenant or indirectly by the negligence of any party under Tenant's control, its including employees, agents or visitorsinvitees, guests, invitees or licensees (a "Services Failure Event")customers and the like) which by law prevents Tenant from using the Premises, then Tenant shall promptly give written Landlord notice thereof ("Tenant's Notice"). Notwithstanding anything to the contrary contained in this Lease, in the event that Tenant prevented from using the Premises or any portion thereof as a result of such Services Failure Event to Landlord. If the Services Failure Event continues a failure for a period of five (5) consecutive business days following the date Landlord receives Tenant's Notice (the "Services Failure PeriodNotice Date") after Landlord's receipt ), all of Tenant's written notice, then Basic Rental rents (and Additional Rent escalations thereto) shall be abated or reduced after expiration of reduced, as the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereofcase may be, in the proportion that the rentable area of the portion of the Premises that the Tenant is prevented from using, and does not use, using bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if during the portion of period after the Premises Notice Date that Tenant is prevented from usingconducting its business from the Premises or portion of the Premises. However, in the event that Tenant is prevented from conducting its business in any portion of the Premises and does the remaining portion of the Premises is not use, is so significant as sufficient to make it impractical for allow Tenant to efficiently conduct its business in therein, and if Tenant does not conduct its business-from such remaining portion, then all of the rents for the entire Premises shall be abated during said period. Provided, however, that if Tenant is prevented from using the Premises and Tenant does not, in fact, for that reason, conduct reoccupies and conducts its business in from any portion of the Premises during such period, the rents allocable to such reoccupied portion, based upon the proportion which the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operation commences.
Appears in 1 contract
PROJECT SERVICES. (a) Landlord agrees to furnish to Tenant at the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m., Mondays through Fridays, and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and consistent with similar quality office buildings in the Buildinggeneral vicinity of the Project. In addition, Landlord shall provide electric current for normal lighting, normal office machines lighting and normal office usesmachines, elevator service and water (hot and cold) on the same floor as the Premises for lavatory, drinking, sanitation lavatory and sewage drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general general, normal office use. Janitorial and maintenance services shall be furnished five (5) days per week, after regular business hours, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical intrabuilding network cable and plumbing systems, provided such rules are consistently applied to all tenants of the Project. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided unless such stoppage, reduction or interruption materially and adversely interferes with Tenant's use of the Premises and continues for a period in Article 13excess of five (5) consecutive business days. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) 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 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 (other than a refrigerator and dishwasher)water.
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute reasonable discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. 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 excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard 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 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 foregoing.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above in areas other than Tenant's Network Room or its customer care area (which shall be separately controlled and paid for by Tenant pursuant to Article 11(d) above), Tenant shall give Landlord no less than 24 hours notice prior to the time such advance services are required (provided, however, that in the event such systems are remotely controlled via a telephone system or other Tenant accessible system, then no such notice Initials: ------- ------- as shall be required) and Landlord shall reasonably require and provide such services as requested. Tenant shall pay Landlord's standard charge for such after-hours use, use (which standard charge, as charge shall not exceed $25.00 per hour during the Term). Without limiting the generality of the date hereof, is $35.00 per hour foregoing. Tenant shall be solely responsible for all utility costs incurred by Landlord in connection with providing HVAC to a portion of the Premises from the Supplemental HVAC Unit (subject to increase from time to timeas defined in the Work Letter Agreement attached hereto as Exhibit "D").
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or servicesservices (other than electric current and heating, including without limitation electric current, required to ventilation and/or air conditioning which shall be provided governed by Landlord by reason of any substantial recurrent use Articles 11(c) and (e) above) utilized by Tenant in excess of the Premises other than during the times provided in Article 11(a) aboveamount or type that is typical for general office use.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services Subject to the Premisesterms and conditions of this Lease, Tenant and such failure was not caused directly or indirectly by the negligence of Tenant, its 's employees, agents or visitorsand invitees may access the Premises twenty-four (24) hours per day, guestsseven (7) days per week, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for three hundred sixty-five (5365) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premisesper year.
Appears in 1 contract
Sources: Standard Office Lease (Netzero Inc)
PROJECT SERVICES. (a) Landlord agrees shall provide the existing equipment servicing the Premises in its "as is" condition in order to furnish to provide electric current, heat and air-conditioning therein. Landlord and Tenant at hereby acknowledge that an independent heating, ventilation and air-conditioning system ("HVAC SYSTEM") will service the Premises. Tenant shall be responsible for the maintenance and repair of the HVAC System and shall, at Tenant's sole cost and expense, maintain a cost service and maintenance contract for such HVAC System with a contractor reasonably approved by Landlord, which contractor shall perform all maintenance and repairs on the HVAC System as reasonably determined by Landlord to be included in Operating Costsnecessary. The electricity furnished to the Premises shall be separately metered, from 8:00 a.m. to 6:00 p.m., Mondays through Fridaysat Tenant's sole cost, and 9:00 a.m. to 1:00 p.m. on SaturdaysTenant shall contract with, excepting local and national holidaysmake payments directly to, air conditioning the entity providing such electricity. Tenant shall be responsible for retaining a bonded janitorial contractor, which contractor shall be reasonably approved by Landlord, and heat, all in such reasonable quantities as in the reasonable judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises and the Building. In addition, Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide electric current for normal lighting, normal office machines and normal office uses, elevator janitorial service and water (hot and cold) on to the same floor as the Premises for lavatory, drinking, sanitation and sewage purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysPremises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of any common systems of the common area air conditioningProject. Except as provided in Section 11(c) below, heating, elevator, electrical intrabuilding network cable and plumbing systems. Landlord shall not be liable for any loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits however occurringfor, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause, except as expressly provided in Article 13. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and additional building services furnished to Tenant not generally uniformly furnished to other all tenants of the Project at the rate generally charged by Landlord to tenants of the Project.
(b) 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 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 (other than a refrigerator and dishwasher).
(c) If Tenant shall require electric current in excess of that which Landlord is obligated to furnish under Article 11
(a) above, Tenant shall first obtain the written consent of Landlord, which Landlord may refuse in its sole and absolute discretion, to the use thereof and Landlord may cause an electric current meter or submeter to be installed in the Premises to measure the amount of such excess electric current consumed by Tenant in the Premises. 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 excess electric current consumed by any such use as shown by said meter at the rates charged for such service by the city in which the Project is located or the local public utility, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred by Landlord in keeping account of the electric current so consumed.
(d) If any non-standard lights, machines or equipment (including, 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 may be generated accommodated by the building standard lights system, Tenant shall be responsible for installing, at Tenant's sole cost and usual office equipmentexpense, Landlord shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, including but not limited to, 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 propertyproperty or injury to, or interference with, Tenant's business (including, but not limited to, loss of profits), however occurring, through or in connection with, with or incidental to, to failure to furnish any of the foregoingservices or utilities specified in this Article 11.
(e) If Tenant requires heating, ventilation and/or air conditioning during times other than the times provided in Article 11(a) above, Tenant shall give Landlord such advance notice Initials: ------- ------- as Landlord shall reasonably require and shall pay Landlord's standard charge for such after-hours use, which standard charge, as of the date hereof, is $35.00 per hour (subject to increase from time to time).
(f) Subject to the terms of Article 11(c) above, Landlord may impose a reasonable charge for any utilities or services, including without limitation electric current, required to be provided by Landlord by reason of any substantial recurrent use by Tenant of the Premises other than during the times provided in Article 11(a) above.
(g) If Tenant is prevented from using, and does not use, the Premises or any portion thereof or the parking facilities, as a result of any failure to provide services to the Premises, and such failure was not caused directly or indirectly by the negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for five (5) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, then Basic Rental and Additional Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Basic Rental and Additional Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises.
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Sources: Standard Multi Tenant Industrial Lease (Patriot Scientific Corp)