Common use of Service and Utilities Clause in Contracts

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant ------------------------------------------------------ So long as Tenant is not in default hereunder (including any default of a type described in clauses (4) - (6) of Section XX.A. below), Landlord agrees to make available to the Premises, during the Building's normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to 1:00 p.m. on Saturday (holidays excepted), which hours are subject to change from time to time as reasonably determined by Landlord, such heat and air conditioning (hereinafter "HVAC"), water and electricity, as may be required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Tenant agrees to pay, as a Common Operating Cost in accordance with Section V. above, Tenant's Proportionate Share of the full cost of all utilities supplied to the Premises, together with any taxes thereon; provided, however, if any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to, initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. If any such utility or service is not separately metered to the Premises, Tenant shall be required to pay any increased cost, as additional rent, of any such utility and service, including without limitation water, electricity and HVAC, resulting from any use of the Premises at any time other than the schedule of normal business hours for providing such utilities and services as reasonably determined by Landlord or any unusual or non-customary use beyond that which Landlord has agreed to make available as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. If the Building is designed for individual tenant operation of the HVAC, Tenant agrees to pay the cost of operating the HVAC at any time other than the schedule of hours for providing the same set forth above, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC services to be $25.00 per hour. B. Limitation on Landlord's Obligations ------------------------------------ Landlord shall not be in breach of its obligations under this Section unless Landlord fails to make any repairs or perform maintenance which it is obligated to perform hereunder and such failure persists for an unreasonable time after written notice of a need for such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of, Landlord's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction of Tenant. Landlord shall not be liable under any circumstances for loss or injury to property or for any business interruption, however occurring, through or in connection with or incidental to Landlord's furnishing or failure to furnish any of said service or utilities.

Service and Utilities. A. Standard Building Services (a) Landlord shall maintain the public and Reimbursement common areas of the Building, including lobbies, stairs, elevators, parking areas, sidewalks, landscaping, corridors and restrooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in good order and condition consistent with comparable first class office buildings in the immediate market area, except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant's expense. In the event Tenant ------------------------------------------------------ So long as requires or needs to have one or more separate systems of either heating, ventilating, air conditioning or other similar system 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) Provided the Tenant is shall not be in default hereunder (including any default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of a type described in clauses (4) - (6) of Section XX.A. below)the Building, Landlord agrees to make available furnish to the Premises, Premises during the Building's normal ordinary business hours of 7:00 (being 8:00 a.m. to 6:00 p.m., p.m. Monday through Friday Friday, and 9:00 8:00 a.m. to 1:00 p.m. on Saturday Saturday) of generally recognized business days, to be determined by Landlord (holidays exceptedbut exclusive, in any event, of Sundays and legal holidays), heat and air-conditioning which are, in Landlord's reasonable judgment, consistent with comparable first class office buildings in the immediate market area, replacement of bulbs for building standard fluorescent lights and non-building standard lights, provided Tenant 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 reasonable judgement, customarily furnished in comparable first class office buildings in the immediate market area, and elevator service. Landlord shall use reasonable efforts to provide additional or after-hours are subject heating or air-conditioning, but if Landlord elects to change provide such series at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined from time to time as reasonably determined by Landlord. Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of said heating, such heat 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 supplementary air conditioning (hereinafter "HVAC")units in the Premises, and the cost thereof, including the cost of electricity and/or water and electricitytherefor, as may shall be required in paid by Tenant to Landlord upon demand by Landlord's judgment for the comfortable use and occupation of . Landlord agrees to furnish to the Premises electricity for general office purposes and at a level which is usual water for lavatory and customary in similar office buildings in the area where the Project is locateddrinking purposes, all of which shall be subject to the Rules provisions of the Building as well as subparagraph 12(c) below. Landlord shall in no event be liable for any governmental requirements interruption or standards relating to, among other things, energy conservation. Tenant agrees to pay, as a Common Operating Cost in accordance with Section V. above, Tenant's Proportionate Share failure of the full cost of all utilities supplied to the Premises, together with any taxes thereon; provided, however, if any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to, initial connection charges, all charges for gas, water and electricity used services on the Premises, and for all electric light lamps but Landlord will exercise due diligence to furnish uninterrupted service. (c) Tenant will not without the written consent of Landlord use any apparatus or tubes. If any such utility or service is not separately metered to device in the Premises, Tenant shall be required to pay any increased cost, as additional rent, of any such utility and service, including without limitation waterlimitation, electronic data processing machines, computers, and machines using excess lighting or current which will in any way increase the amount of electricity and HVAC, resulting from any or water usually furnished or supplied for use of the Premises at as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any time other than apparatus or device for the schedule purpose of normal business hours for providing such utilities and services as reasonably determined by Landlord using electricity current or water. If Tenant in Landlord's judgment shall require water or electric current or any unusual other resource in excess of that usually furnished or non-customary supplied for use beyond of the Premises as general office space (it being understood that such 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 has agreed may refuse, to make available the use thereof, and Landlord may cause a special meter to be installed in the Premises so as described aboveto measure the amount of water, electric current or resulting from special electricalother resource consumed for any such other use. The cost of any such meters, cooling and ventilating needs created in certain areas of installation, maintenance, and repair thereof shall be paid for by telephone equipmentTenant, computers and other similar equipment or uses. If the Building is designed for individual tenant operation of the HVAC, Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or resource consumed, as shown by said meters, as the cost of operating the HVAC at rates charged for such resource, plus any time other than the schedule of hours for providing the same set forth above, which cost may include the operation additional expense incurred in keeping account of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premiseswater, electric current or other resource so consumed. Landlord estimates the cost of such HVAC services to be $25.00 per hour. B. Limitation on Landlord's Obligations ------------------------------------ Landlord shall not be in breach of its obligations under this Section unless Landlord fails to make any repairs default hereunder or perform maintenance which it is obligated to perform hereunder and such failure persists for an unreasonable time after written notice of a need for such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be liable for and Tenant any damages directly or indirectly resulting from, not shall not the rental herein reserved be entitled to any abatement or reduction of rent abated by reason ofof (i) the installation, Landlord's failure to furnish 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 accidentsacts of God or the elements, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar accidents or dissimilar, other conditions beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction by the making of Tenantrepairs 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 Premise or the Building. Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local 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 default in payment of such sums as for a default in the payment of rent. (e) Tenant shall not be liable under provide any circumstances for loss janitorial services without Landlord's written consent and then only subject to supervision of Landlord and by a janitorial contractor or injury to property or for any business interruption, however occurring, through or in connection with or incidental employees at all times satisfactory to Landlord. Any such services provided by Tenant shall be at Tenant's furnishing or failure to furnish any of said service or utilitiessole risk and responsibility.

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant ------------------------------------------------------ STANDARD BUILDING SERVICES AND REIMBURSEMENT BY TENANT SEE ADDENDUM SECTION XXXV.E. So long as Tenant is not in default hereunder (including any default of a type described in clauses (4) - (6) of Section XX.A. below), Landlord agrees to make available to the Premises, during the Building's normal business hours of 7:00 a.m. to 6:00 p.m., p.m. Monday through Friday and 9:00 8:00 a.m. to and 1:00 p.m. on Saturday (holidays excepted), which hours are subject to change from time to time as reasonably determined by Landlord, such heat and air conditioning (hereinafter "HVAC"), water and electricity, as may be required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Tenant agrees to pay, as a Common Operating Cost in accordance with Section V. above, Tenant's Proportionate Share in excess of the Base Operating Expense of the full cost of all utilities supplied to the Premises, together with any taxes thereon; provided, however, if any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to, initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. If any such utility or service is not separately metered to the Premises, Tenant shall be required to pay any increased cost, as additional rent, of any such utility and service, including without limitation water, electricity and HVAC, resulting from any use of the Premises at any time other than the schedule of normal business hours for providing such utilities and services as reasonably determined by Landlord or any unusual or non-customary use beyond that which Landlord has agreed to make available as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. If the Building is designed for individual tenant operation of the HVAC, Tenant agrees to pay the cost of operating the HVAC at any time other than the schedule of hours for providing the same set forth above, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC services to be $25.00 per hour. B. Limitation on Landlord's Obligations ------------------------------------ Landlord shall not be in breach of its obligations under this Section unless Landlord fails to make any repairs or perform maintenance which it is obligated to perform hereunder and such failure persists for an unreasonable time after written notice of a need for such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of, Landlord's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction of Tenant. Landlord shall not be liable under any circumstances for loss or injury to property or for any business interruption, however occurring, through or in connection with or incidental to Landlord's furnishing or failure to furnish any of said service or utilities.