Service and Utilities. (a) Landlord shall maintain the public and common areas of the Building, including lobbies, stairs, elevators, corridors and restrooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in reasonably good order and condition except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant’s expense. In the event tenant requires or needs to have one or more separate systems of either heating, ventilating, air conditioning or other similar systems over and above that provided by Landlord, the installation, care, expenses and maintenance of each such system shall be borne by and paid for by Tenant. (b) Subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the Premises during ordinary business hours (normal business hours are Monday through Friday 7:30 a.m. through 6:00 p.m., Saturday 7:30 a.m. through 1:00 p.m.) of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Sundays and legal holidays), heat and air-conditioning required for the comfortable use and occupation of the Premises (to be provided comparable to other Class “A” office buildings in the Galleria/I-75 area of Atlanta, Georgia), replacement of bulbs for building standard fluorescent lights and non-building standard lights, provided Tenants stocks the bulbs for all of Tenant’s non-building standard lights, janitorial services during the times and in the manner that such services are, in Landlord’s judgment, customarily furnished in comparable office buildings in the immediate market area, and elevator service. See Exhibit “E”, “Special Stipulation” #8. Landlord shall provide additional or after-hours heating or air-conditioning upon reasonable prior notice to Landlord given within the time periods established by Landlord. Tenant shall pay to Landlord a reasonable charge for such services as determined from time to time by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating, and air-conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air-conditioning system, Landlord reserves the right to install the cost of electricity and/or water therefor, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord agrees to furnish to the Premises electricity for provisions of subparagraph 12 (c) below. Landlord shall in no event be liable for any interruption or failure of utility services on the Premises, but Landlord will exercise due diligence to furnish uninterrupted service. (c) Tenant will not without the written consent of Landlord use any apparatus or devise in the Premises, including without limitation, electronic data processing machines, punch card machines, and machines using excess lighting or furnished or supplied for use of the Premises as general office space: nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant in Landlord’s judgment shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space (it being understood that such as excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Tenant shall first procure the consent of Landlord, which Landlord my refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. The cost of any such meters and of installation, maintenance, and repair thereof shall be paid for by Tenant, and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at the rates charged by the local public utility furnishing the same, plus any additional expense insured in keeping account of the water, electric current or other resource so consumed. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services, (ii) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building, (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service utility whatsoever serving the Premises or the Building. Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national state or local government agencies or utilities suppliers in reducing energy or other resources consumption. (d) Any sums payable under this Paragraph 12 shall be considered additional rent and may be added to any installment of rent thereafter becoming due, and Landlord shall have the same remedies for a default in payment of such sums as for a default in the payment of rent. (e) Tenant shall not provide any janitorial services without Landlord’s written consent and then only subject to supervision of Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. Any such services provided by Tenant shall be at Tenant’s sole risk and responsibility.
Appears in 1 contract
Service and Utilities. (a) Landlord shall maintain the all public and common areas of the Building, Property and Project, including without limitation lobbies, stairs, elevators, corridors corridors, common area restrooms, sidewalks, landscaped areas, roadways, parking and restroomsexterior lighting, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the roof, walls, windows and balance of the structure itself, in reasonably good a manner consistent with other Class "A" office buildings in the Northwest Atlanta submarket and otherwise in a first-class order and condition except for damage occasioned by the act gross negligence or willful misconduct of Tenant, which damage shall be repaired by Landlord at Tenant’s 's expense. Landlord shall comply with all applicable provisions of Paragraph 16 of this Lease in connection with any such maintenance or repair by Tenant. In the event tenant Tenant requires or needs to have one or more separate systems of either heating, ventilating, air conditioning or other similar systems over and above that provided by Landlord, the installation, care, expenses and maintenance of each such system shall be borne by and paid for by Tenant.
(b) Subject Provided the Tenant shall not be in uncured default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the Premises during ordinary business hours (normal business hours are Monday through Friday 7:30 a.m. through 6:00 p.m., Saturday 7:30 a.m. through 1:00 p.m.) of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Sundays and legal holidays, and including, in any event the hours 8:00 a.m. until 6:00 p.m. Mondays-Fridays and on Saturdays from 8:00 a.m. until 1:00 p.m.), heat and air-conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises (which shall, at a minimum, be able to be provided comparable to other Class “A” office buildings maintain plus or minus 2(degree)F based upon the local conditions specified in the Galleria/I-75 area ASHRAE Handbook of Fundamental as applicable to Atlanta, Georgia), replacement of bulbs for building standard fluorescent lights and non-building standard lights, provided Tenants Tenant stocks the bulbs for all of Tenant’s 's non-building standard lights, janitorial services during the times and in the manner that such services are, in Landlord’s 's reasonable judgment, customarily furnished in comparable Class "A" office buildings in the immediate market areaNorthwest Atlanta submarket, and elevator service. See Exhibit “E”service (including, “Special Stipulation” #8at a minimum at all times, at least one (1) passenger elevator providing service to all of the floors comprising a part of the Premises), on-site Building management services, 24/7 Building security services (on-site, except that after hours security may be provided by persons not continuously in the Building, but rather serving the Galleria complex generally), on-site Building engineers and day porter services. Landlord shall agrees to provide additional or after-hours ▇▇▇▇▇-hours heating or air-conditioning upon reasonable prior notice to Landlord given within the time periods established by Landlord. at Tenant's request, for which Tenant shall pay to Landlord a reasonable hourly charge for such services as determined from time to time by LandlordLandlord and billed by Landlord to Tenant monthly in arrears. Tenant agrees to keep and cause to The initial hourly charge for such after-hours heating or air conditioning services shall be kept closed all window coverings, if any, when necessary because of the sun’s positionno more than $40.00 per hour through calendar year 2003, and shall thereafter be subject to adjustment by Landlord on an annual basis so as to reasonably reflect the cost of providing such services. Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable, uniformly applicable regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating, and air-conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air-conditioning systemsystem in connection with normal business office use, Landlord reserves the right to install supplementary air conditioning units in the Premises, and the cost thereof, including the cost of electricity and/or water therefor, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord may notify Tenant if any additional or supplementary air conditioning units are anticipated to be needed for the Premises during the design and plan approval process in accordance with the Work Letter Agreement. Landlord agrees to furnish to the Premises electricity for general office purposes and water for lavatory and drinking purposes, subject to the provisions of subparagraph 12 (c12(c) below. Landlord shall in no event be liable for any interruption or failure of utility services on the Premises, unless caused by or resulting from the gross negligence or willful misconduct of Landlord, its agents, employees or contractors, but Landlord will exercise due diligence to furnish uninterrupted service.
(c) Tenant will not without the written consent of Landlord use any apparatus or devise device in the Premises, including without limitation, electronic data processing machines, punch card machinescomputers, and machines using excess lighting or current which will in any way materially increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space: ; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant in Landlord’s 's judgment shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space (it being understood that such as an excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Tenant shall first procure the consent of Landlord, which Landlord my refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Landlord may notify Tenant if any additional or supplementary air conditioning units are anticipated to be needed for the Premises during the design and plan approval process in accordance with the Work Letter Agreement. The cost of any such meters and of installation, maintenance, and repair thereof shall be paid for by Tenant, and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at the rates charged by the local public utility furnishing the same, plus any reasonable additional expense insured incurred in keeping account of the water, electric current or other resource so consumed. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services, (ii) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building, (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service utility whatsoever serving the Premises or the Building. Notwithstanding the foregoing, if the Premises, or a material portion thereof, is made untenantable for a period in excess of seven (7) consecutive business days as a result of any interruption or failure of services, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the eighth (8th) consecutive day of such untenantability and ending on the day that the Premises or portion thereof in question has been rendered tenantable. Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national national, state or local government governmental agencies or utilities suppliers in reducing energy or other resources consumption.
(d) Any sums payable under this Paragraph 12 shall be considered additional rent and may be added to any installment of rent thereafter becoming due, and Landlord shall have the same remedies for a an uncured default in payment of such sums as for a default in the payment of rent.
(e) Tenant shall not provide any janitorial services without Landlord’s 's written consent and then only subject to supervision of Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. Any such services provided by Tenant shall be at Tenant’s 's sole risk and responsibility.
Appears in 1 contract
Sources: Office Lease Agreement (PRG Schultz International Inc)
Service and Utilities. (a) Landlord shall maintain the public Service Areas and common areas Common Areas of the Building, including lobbies, stairs, elevators, corridors and restrooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in reasonably good order and condition except for damage occasioned by the act or negligence of Tenant, which damage shall be repaired by Landlord at Tenant’s expense. In the event tenant Tenant requires or needs to have one or more separate systems of either heating, ventilating, air air-conditioning or other similar systems over and above that provided by Landlord, the installation, care, expenses expense, and maintenance of each such system shall be borne by and paid for by Tenant.
(b) Subject Provided the Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the Premises during ordinary business hours (normal business hours are Monday through Friday 7:30 a.m. through 6:00 7 a.m.–6 p.m. M-F; 8 a.m.–1 p.m., Saturday 7:30 a.m. through 1:00 p.m.Sat.) of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Sundays and legal holidays), : (i) heat and air-conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises Premises; (to be provided comparable to other Class “A” office buildings in the Galleria/I-75 area of Atlanta, Georgia), replacement of bulbs for building standard fluorescent lights and non-building standard lights, provided Tenants stocks the bulbs for all of Tenant’s non-building standard lights, ii) janitorial services during the times and in the manner that such services are, in Landlord’s judgment, customarily furnished in comparable office buildings in the immediate market area, and elevator service. See Exhibit “E”five days per week (except fewer days if the Building is closed due to a recognized holiday) except that, “Special Stipulation” #8. Landlord shall provide additional if Tenant’s floor covering or after-hours heating or air-conditioning upon reasonable prior notice to Landlord given within the time periods established by Landlord. other improvements require special treatment, Tenant shall pay to Landlord the additional cleaning cost attributable thereto as additional rent upon presentation of a reasonable charge for such services as determined from time to time statement therefor by Landlord. Tenant agrees to keep ; (iii) elevator service; (iv) electricity; and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, (v) water for drinking and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating, and air-conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air-conditioning system, Landlord reserves the right to install the cost of electricity and/or water therefor, shall be paid by Tenant to Landlord upon demand by Landlordlavatory purposes. Landlord agrees to will furnish HVAC service to the Premises electricity outside of ordinary business hours in accordance with the prior notifications procedures then generally in place for provisions the Building at Landlord’s then generally applicable after hours rate which is, as of subparagraph 12 (c) below. Landlord shall in no event be liable for any interruption or failure of utility services on the Premises, but Landlord will exercise due diligence to furnish uninterrupted servicedate hereof $45.00 per hours.
(c) Tenant will not without the written consent of Landlord use any apparatus or devise device in the Premises, including without limitation, electronic data processing machines, punch card machines, machines and machines using excess lighting or current 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 with electric current, except through existing electrical outlets in the Premises, or with water pipes, any apparatus or device devise for the purposes purpose of using electrical current or water. If Tenant in Landlord’s judgment shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space (it being understood that such as an excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Tenant shall first procure the consent of Landlord, which Landlord my refusemay in its discretion withhold, to the use thereof, and Landlord may cause a special meter to be installed in the Premises Premises, at Tenant’s expense, so as to measure the amount of water, electric current or other resource consumed for any such other use. The cost of any such meters and of installation, maintenance, and repair thereof shall be paid for by Tenant, and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource so consumed, as shown by said meters, at the rates charged by the local public utility furnishing the same, plus any additional expense insured incurred in keeping account of the water, electric current or other resource resources so consumed. .
(d) Landlord shall not be in default hereunder liable to Tenant or be liable to any person, firm, corporation, or other business association claiming by, through or under Tenant for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (:(i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services, (ii) failure to furnish or for delay in furnishing any such utilities or services when service provided for in this Lease, and no such failure or delay is caused by acts Landlord shall be an actual or constructive eviction of God Tenant nor shall any such failure or delay operate to relieve Tenant from the elements, labor disturbances prompt and punctual performance of each and all of the covenants to be performed hereunder by Tenant; (ii) any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to latent defects in the Premises or to Building; (iii) defects in the cooling, heating, electric, water, elevator, or other apparatus or systems or for water discharged from sprinkler systems, if any, in the Building, ; (iiiiv) the limitation, curtailment, rationing or restriction on restricting of use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. Furthermore, Landlord shall be entitled to cooperate voluntarily in a ; (v) for Landlord’s reasonable manner voluntary cooperation with the efforts of national national, state or local government agencies or utilities suppliers in reducing energy or other resources resource consumption. The foregoing does not, however, exculpate Landlord from its gross negligence, willful misconduct, or breach of its express obligations under this Lease.
(de) Any sums payable under this Paragraph 12 11 shall be considered additional rent and may shall be added to any installment of rent Base Rental thereafter becoming due, and Landlord shall have the same remedies for a default in payment of such sums as for a default in the payment of rentBase Rental.
(ef) Tenant shall not provide any janitorial services without Landlord’s written consent and then only subject to supervision of Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. Any such services provided by Tenant shall be Tenant’s sole responsibility and at Tenant’s sole risk risk.
(g) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises or in the Building and responsibilityneither shall Landlord be required to insure against such losses. Tenant shall cooperate fully in Landlord’s efforts to regulate access to the Building. Landlord has installed a card key access system for the Building and related parking deck. Landlord shall not unreasonably withhold its consent to Tenant’s proposed plans and specifications to install its own security card-key access system for the Premises and to connect such system through the Building’s system provided, however, that any such work shall be at Tenant’s sole cost and expense and shall not in any respect be permitted to impair the utility of the system that services the Building outside of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Danger Inc)