Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent 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 services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Sublease (Aurum Software Inc)
Services and Utilities. Provided that Tenant is 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 shall furnish to the Premises during ordinary business hours of generally recognized business days, and during hours to be determined by Landlord (but exclusive, in its sole discretionany event, of Saturdays, Sundays and subject to the Rules legal holidays), water for lavatory and Regulations of the Building or Projectdrinking purposes and electricity, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, "HVAC") as required in Landlord's judgment is," and suitable for the comfortable use Permitted Use, and occupancy of for Tenant's intended operations in the Premises. Landlord shall also maintain provide additional or after-hours electricity, heating or air conditioning at Tenant's request and Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not cause to be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any kept closed all window covering when necessary because of the foregoing servicessun's position, (ii) failure and Tenant also agrees at all times to furnish or delay in furnishing any such services where such failure or delay is caused cooperate fully with Landlord and to abide by accident or any condition or event beyond all of the reasonable control regulations and requirements which Landlord may prescribe for the proper functioning and protection of Landlordelectrical, or by the making of necessary repairs or improvements to the Premisesheating, Building or Projectventilating and air conditioning systems. Wherever heat-generating machines, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Lease (Geocities)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, and during hours to be determined by Landlord in its at his sole discretion, and subject to the Rules rules and Regulations regulations of the Building or Projectof which the Premises are a part, electricity for normal desktop lighting and fractional horsepower office equipment machines and normal copying equipment, and heating, ventilation heat and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet/shower rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting fromliable, nor shall the Rent 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 services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances circumstances, for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of the installation, and the cost of the operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained Tenant will not, without written consent of Landlord, use any apparatus or device in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electrical current. In If Tenant shall require electric current in excess of that usually furnished or supplied for the event utilities are separately metereduse of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause an electrical current meter to be installed in the Premises, so as to measure the amount of electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all utilities such electric current consumed as shown by said meters, at utility the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred by Landlord insured in keeping account of the utilities electric current so consumed. Tenant shall If a separate meter is not installed, such excess cost for such electric current will be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in established by an estimate made by a manner that such services are customarily furnished to comparable office buildings in the areautility company or electrical engineer.
Appears in 1 contract
Sources: Office Space Lease Agreement (Mobile Pet Systems Inc)
Services and Utilities. Provided that A. Tenant is not in default hereundershall (where practicable) contract for and pay directly when due, Landlord agrees to furnish to for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges cleaning, waste disposal and other utilities end services used on or from the Premises during generally recognized business daysPremises, together with any taxes, penalties, surcharges or the like pertaining thereto, and during hours determined by Landlord in its sole discretionmaintenance charges for utilities and shall furnish all electric light bulbs, ballasts and subject to the Rules and Regulations of the Building or Project, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premisestubes. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent 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 services, (ii) failure to furnish or delay in furnishing If any such services where such failure are not separately billed or delay is caused metered to Tenant, Tenant shall pay an equitable proportion, as determined in good faith by accident or any condition or event beyond the reasonable control of Landlord, of all charges billed or by metered with other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
B. Tenant acknowledges that Tenant has inspected and accepts the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas heat and air conditioning and other utilities and services being supplied or any other form furnished to the Premises as of energy serving the date Tenant takes possession of the Premises, Building or Projectif any, as being sufficient in their present condition, "as is," for the Permitted Use, and for Tenant's intended operations in the Premises. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord shall not be liable under any circumstances and to abide by all of the regulations and requirements which Landlord may prescribe for a loss the proper functioning and protection of or injury to property or businesselectrical heating, however occurringventilating and air conditioning systems. Wherever heat-generating machines, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained .
C. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises and as determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. In If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the event utilities are separately metereduse of the Premises as of the date Tenant takes possession of the Premises, if any, as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may 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. Tenant shall pay promptly directly to Landlord upon demand for as an addition to and separate from payment of Operating Expenses the cost of all utilities consumed at such additional resources, energy, utility rates charged by service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the local public utility plus any separate or metered charge a recovery of additional expense incurred by Landlord in keeping account of the utilities excess water, electric current or other resource so consumed. Tenant Landlord shall in no case be responsible liable for any damages directly or indirectly resulting from nor shall the maintenance and repair Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such meters at its sole costutilities or services, or any change is the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the 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, or otherwise, or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; or (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building or the diminution in the quality or quantity thereof, whether by Regulation or otherwise; or (e) any interruption in Tenant's business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. Landlord shall furnish elevator servicefurther have no obligation to protect or preserve any apparatus, lighting replacement for building standard lightsequipment or device installed by Tenant in the Premises, restroom supplies, window washing including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and janitor services in a reasonable manner that with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. In addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not be obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services are customarily furnished designated by Landlord from time to comparable office buildings in time to facilitate the areadelivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Promises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith.
Appears in 1 contract
Sources: Sublease (Interwoven Inc)
Services and Utilities. Provided (a) Landlord shall maintain the public and common areas of the Building, including lobbies, stairs, elevators, escalators, parking facilities, loading docks and areas, 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 Tenant is not in default hereunderprovided by Landlord the installation care expense 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 of generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject days to the Rules and Regulations of the Building or Project, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation and air be conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises, 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.
(c) Landlord shall provide additional or after-hours heating or air-conditioning, at Tenant's reasonable request 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 rules, regulations and requirements which Landlord may prescribe for the proper functioning and protection of lighting, heating, ventilating and air-conditioning systems and to comply with all laws, ordinances and regulations respecting the conservation of energy. In the event heat-generating machines excess lighting or equipment used in the Premises affect the temperature normally maintained by the air-conditioning units in the Premises. Tenant shall pay to Landlord, upon demand by Landlord all costs incurred by Landlord in excess of the ordinary costs of maintaining the normal temperature of the Premises. Landlord agrees to furnish to the Leased premises electricity for general office purposes and hot and cold water for a lavatory and drinking purposes, subject to the provisions of subparagraph 13(d) below. Landlord shall also maintain and keep lighted in no event be liable for any interruption or failure of 106 utility services on the common stairs, common entries and restrooms Premises but Landlord will exercise commercially reasonable efforts to furnish uninterrupted service.
(d) Tenant will not without the written consent of Landlord use any apparatus or device in the BuildingPremises including without limitation electronic data processing machines, punch card machines, and machines using excess lighting or electrical 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 will Tenant without landlord's prior written consent connect with electrical current except through existing electrical outlets in the Premises or water pipes in the Premises any apparatus or device for the purpose of using electrical current or water provided that Tenant may rely upon any such consents or approvals by Landlord as satisfying all obligations of Tenant hereunder. If Tenant in Landlord's judgment shall require water or electrical 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 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 may refuse to the use of thereof, and Landlord may cause a special meter to be installed in the Premises in order to measure the amount of water, electrical 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, electrical 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 incurred in keeping account of the water, electrical current or other resource so consumed Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, from nor shall the Rent be rental herein reserved by 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 services, utilities and service (ii) failure to furnish or delay in furnishing any such utilities or services where when such failure or delay is caused by accident acts of God or the elements, labor disturbances of any condition character, any other accidents or event other conditions beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building Premises or Project, or to the Building; (iii) the limitation, curtailment curtailment, rationing or rationing of, or restrictions on, restriction on use of water, electricity, electricity gas or any other form of energy or any other service or utility whatsoever serving the PremisesPremises or the Building. Furthermore, Building or Project. Landlord shall not be liable 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.
(e) Any sums being payable under any circumstances this Paragraph shall be considered additional rent and shall be added to the next installment of rent thereafter becoming due and Landlord shall have the same remedies for a loss default in payment of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment sums as for a default in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right payment of rent.
(f) Tenant shall not provide any janitorial services without Landlord's written consent and then only through a janitorial contractor or employees at all times satisfactory to install supplementary air conditioning units in the Premises and the cost thereof, including the cost under supervision of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 Any such services and utilities. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged provided by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance at Tenant's sole expense, risk and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the arearesponsibility.
Appears in 1 contract
Sources: Landlord's Consent to Second Sublease (Witness Systems Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, and during hours to be determined by Landlord in its at his sole discretion, and subject to the Rules rules and Regulations regulations of the Building or Projectof which the Premises are a part, electricity for normal desktop lighting and fractional horsepower office equipment and normal copying equipmentmachines, and heating, ventilation heat and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained Tenant will not, without written consent of Landlord, use any apparatus or device in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space, nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. In If Tenant shall require water or electric current in excess of that usually furnished or supplied for the event utilities are separately metereduse of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all utilities such water and electric current consumed as shown by said meters, at utility the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred by Landlord in keeping account of the utilities water and electric current so consumed. Tenant shall If a separate meter is not installed, such excess cost for such water and electric current will be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in established by an estimate made by a manner that such services are customarily furnished to comparable office buildings in the areautility company or electrical engineer.
Appears in 1 contract
Services and Utilities. Provided that Tenant tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, and during hours to be determined by Landlord in its at his sole discretion, and subject to the Rules rules and Regulations regulations of the Building or Projectwhich the Premises are a part, electricity for normal desktop lighting and fractional horsepower office equipment and normal copying equipmentmachines, and heating, ventilation heat and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairsareas, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strike, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofof installation, including and the cost of installation, operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services Tenant will not, without consent of Landlord, use any apparatus or device in the Premises, including, but not without limitation thereto, electronic data processing machines, punch card machines, and utilitiesmachines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space, nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or devise for the purpose of using electric current if Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space. Nothing contained in this Article Tenant shall restrict Landlord's right to require at any time separate metering first procure the written consent of utilities furnished Landlord who may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. In The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the event utilities are separately metered, Tenant shall and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all utilities such water and electric current consumed as shown by said meters, at utility the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred by Landlord in keeping account of the utilities water and electric current so consumed. Tenant shall If a separate meter is not installed, such excess cost for such water and electric current will be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in established by an estimate made by a manner that such services are customarily furnished to comparable office buildings in the areautility company or electrical engineer.
Appears in 1 contract
Sources: Lease Agreement (Pawnbroker Com Inc)
Services and Utilities. Provided A. Tenant shall (where practicable) contract for and pay directly when due, for all water, gas, heat, light, power, telephone, sewer, sprinkler charges, cleaning, janitorial, waste disposal and other utilities and services used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. If any such services are not separately billed or metered to Tenant, Tenant shall pay an equitable proportion, as determined in good faith by Landlord, of all charges billed or metered with other premises. All sums payable under this Paragraph 14 shall constitute Additional Rent hereunder.
B. Tenant acknowledges that Tenant is not in default hereunderhas inspected and accepts the water, Landlord agrees to furnish electricity, and other utilities and services being supplied or furnished to the Premises during generally recognized business daysas of the date Tenant takes possession of the Premises, if any, as being sufficient in their present condition, “as is,” for the Permitted Use, and during hours determined by Landlord for Tenant’s intended operations in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises. Landlord shall also maintain have no obligation to provide electricity to the Premises. Tenant agrees to cooperate fully with Landlord and keep lighted to abide by all of the common stairsregulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the Project’s electrical systems.
C. Tenant shall not without written consent of Landlord use any apparatus, common entries and restrooms equipment or device in the BuildingPremises that will require additions or alterations to or interfere with the Project power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises. Tenant shall pay directly to Landlord upon demand the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish any additional resources, energy, utility or service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed. Except as specifically set forth below, Landlord shall not be in default hereunder or no case be liable for any damages directly or indirectly resulting from, from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of of: (ia) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (iib) the failure to furnish or delay in furnishing any such utilities or services where when such failure or delay is caused by accident acts of God or the elements, labor disturbances of any condition or event beyond the reasonable control of Landlordcharacter, or by otherwise, or because of any interruption of service due to Tenant’s use of water, electric current or other resource in excess of that being supplied or furnished for the making use of necessary repairs or improvements to the Premises as of the date Tenant takes possession of the Premises, Building or Project, ; or (iiic) the inadequacy, limitation, curtailment curtailment, rationing or rationing of, or restrictions on, restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Project or the diminution in the quality or quantity thereof, whether by Regulation or otherwise; or (e) any interruption in Tenant’s business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, Building including without limitation by providing additional or Projectafter-hours heating or air conditioning. Landlord shall not be liable under any circumstances for entitled to cooperate voluntarily and in a loss reasonable manner with the efforts of national, state or injury local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to property or business, however occurring, through or in connection with or incidental make services available hereunder shall be subject to failure to furnish the limitations of any such servicesvoluntary, reasonable program. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC systemIn addition, Landlord reserves the right to install supplementary air conditioning units in change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not be obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant’s operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the cost thereofProject, including the cost of installationwithout limitation allowing Landlord and Landlord’s suppliers or providers, operation and maintenance thereoftheir respective agents and contractors, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished reasonable access to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible Premises for the maintenance and repair purpose of installing, maintaining, repairing, replacing or upgrading such service or any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the areaequipment or machinery associated therewith.
Appears in 1 contract
Services and Utilities. Provided A. Tenant shall pay directly for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges and other utilities and services used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. Notwithstanding anything in this Lease to the contrary, Tenant shall have the right to conduct its business operations within the Premises, and to receive reasonable quantities of water, electricity and HVAC in connection therewith, seven (7) days per week, twenty-four (24) hours per day. If any such services are not separately billed or metered to Tenant, Tenant shall pay a proportion, as determined by Landlord, of all charges jointly serving other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder. Landlord shall use reasonable efforts to reasonably capture any material benefit available through deregulation of electricity supply or of the supply of other utilities.
B. Tenant acknowledges that Tenant is not in default hereunderhas inspected and accepts the water, Landlord agrees to furnish electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations as of the Building or Project, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy date Tenant takes possession of the Premises, if any, as being sufficient in their present condition, "as is," for the Permitted Use, and for Tenant's intended operations in the Premises.
C. Tenant shall not without written consent of Landlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as reasonably determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises, if any, as reasonably determined by Landlord, Tenant shall first procure the written consent of Landlord (which consent shall not be unreasonably withheld, delayed or conditioned), 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. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall also maintain and keep lighted may add to the common stairsseparate or metered charge a recovery of additional expense incurred in keeping account of the excess water, common entries and restrooms in the Buildingelectric current or other resource so consumed. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of of: (ia) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (iib) the failure to furnish or delay in furnishing any such utilities or services where when such failure or delay is caused by accident acts of God or the elements, labor disturbances of any character, or any condition other accidents or event other conditions beyond the reasonable control of Landlord, Landlord or by the making because of necessary repairs or improvements any interruption of service due to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, Tenant's use of water, electricity, gas electric current or any other form resource in excess of energy serving that being supplied or furnished for the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss use of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.as of
Appears in 1 contract
Sources: Sublease Agreement (Mp3 Com Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretiondiscretion (currently Monday through Friday 8:00 a.m. to 6:00 p.m., excepting nationally recognized holidays, and Saturdays from 8:00 a.m. to 1:00 p.m.), and subject to the Rules and Regulations of the Building or Project, electricity for normal desktop desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("“HVAC"”) as required in Landlord's ’s judgment for the comfortable use and occupancy of the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord’s charges therefor on demand (currently $45.00 per hour). Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent 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 services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, . Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, . Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent. Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electrical current consumed. The cost of any such meter and of its Installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and utilitieselectric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Article shall restrict Landlord's ’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Sublease Agreement (Biolargo, Inc.)
Services and Utilities. Provided that (a) Landlord agrees, without charge except as provided herein, to furnish; (i) Hot and cold tap water for drinking and toilet purposes. Tenant is shall pay Landlord for water furnished for any other purpose as Additional Rent at rates reasonably fixed by Landlord. Tenant shall not in default hereunder, Landlord agrees permit water to be wasted; (ii) During Ordinary Business Hours (hereinafter defined) to furnish such heated or cooled air to the Premises during generally recognized business daysas may, and during hours determined by Landlord in its sole discretionthe reasonable judgment of Landlord, and subject to the Rules and Regulations of the Building or Project, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as be required in Landlord's judgment for the comfortable use and occupancy of the Premises provided that Tenant complies with the recommendations of Landlord’s engineer or other duly authorized representative, regarding occupancy and use of the Premises; (iii) During Ordinary Business Hours to cause electric current to be supplied for lighting the Premises and public halls; and, (iv) To furnish such snow removal services to the Building Complex as may, in the judgment of Landlord, be reasonably required for safe access to the Building Complex.
(b) Landlord shall have no obligation to provide janitorial services for the Premises. Tenant shall provide its own janitorial services for the Premises and shall keep the Premises in a clean and neat condition and, at a minimum, follow the cleaning specifications adopted by the Landlord for the Building Complex.
(c) Landlord shall also maintain provide sufficient electricity to operate normal office lighting and keep lighted the common stairsequipment. This does not include special lighting in excess of building standard, common entries and restrooms or any other item of electrical equipment that singularly requires a voltage that exceeds other than one hundred twenty (120) volts (plus/minus ten percent) single phase. Tenant shall not install or operate in the BuildingPremises any electrically operated equipment or other machinery, other than business machines and equipment normally employed for general office use which do not require high electricity consumption for operation, without obtaining the prior written consent of Landlord. If any or all of Tenant’s equipment requires electricity consumption in excess of that which is necessary to operate normal office equipment, such consumption shall be submetered by Landlord or otherwise reasonably estimated, at Tenant’s expense, and Tenant shall reimburse Landlord as Additional Rent for the cost of its submetered or estimated consumption based upon Landlord’s average cost of electricity. Tenant shall not, without the prior written consent of Landlord, use any apparatus or device in or about the Premises which shall cause any substantial noise or vibration or which will increase the amount of electricity or water, if any, usually furnished or supplied for use of the Premises as general office space. Tenant shall not connect with electric current or water pipes, except through existing electrical or water outlets already in the Premises, any apparatus or device for the purposes of using electric current or water, except Tenant is permitted to arrange for a licensed electrician to install, at Tenant’s expense, 220-volt service for Tenant’s Xerox machine.
(d) Tenant agrees that Landlord shall not be in default hereunder or be liable for failure to supply any damages directly heating, air conditioning, elevator, electrical, janitorial, lighting or indirectly resulting fromother services during any period when Landlord uses reasonable diligence to supply such services, nor shall the Rent or during any period Landlord is required to reduce or curtail such services pursuant to any applicable laws, rules or regulations, now or hereafter in force or effect, it being understood and agreed to by Tenant that Landlord may discontinue, reduce or curtail such services, or any of them at such times as it may be abated necessary by reason of (i) the installationaccident, use repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and regulations, or interruption of use of due to any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event other happening beyond the reasonable control of Landlord and not due to an act or omission of Landlord or its agents or employees. In the event of any such interruption, reduction or discontinuance of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project’s services. Landlord shall not be liable under for damages to persons or property as a result thereof, nor shall the occurrence of any circumstances for a loss such event in any way be construed as an eviction of Tenant or injury cause or permit an abatement, reduction or setoff of rent, or operate to property or business, however occurring, through or release Tenant from any of Tenant’s obligations hereunder. Notwithstanding anything to the contrary contained in connection with or incidental to failure this Section 5(d) if: (i) Landlord ceases to furnish any service in the Building for a period in excess of ten (10) consecutive business days after Tenant notifies Landlord of such servicescessation; (ii) such cessation does not arise as a result of act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 13 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises or such portion in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the eleventh (11th) consecutive business day of such cessation and ending on the day when the service in question has been restored. If In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant uses is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant.
(e) Whenever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises in the event Landlord’s independent consulting engineer determines same are necessary as a result of Tenant’s use of lights or equipment which generate heat loads in excess of those for which the HVAC system is designed and the cost thereoftherefor, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained in this Article shall restrict Landlord's right .
(f) In the event that Tenant has any special or additional electrical or mechanical requirements related to require at its use of the Premises, any time separate metering of utilities furnished to such electrical or mechanical equipment must be located within the Premises. In Such electrical or mechanical requirements, for the event utilities are separately meteredpurposes hereof, shall include by way of example, but not limitation, any internal telephone system. The foregoing shall in no way be construed as granting to Tenant additional rights to use any such special or additional electrical or mechanical equipment in its Premises without the prior written consent of Landlord. Any additional cost or expense related to or resulting from such electrical or mechanical requirements shall be the sole obligation of Tenant.
(g) If Tenant requires HVAC service beyond Ordinary Business Hours (hereafter “After Hours Usage”), such service shall be metered and Tenant shall pay promptly upon demand reimburse Landlord on a monthly basis, as Additional Rent, for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumedcosts and expenses for Tenant’s After Hours Usage including Landlord’s actual cost for electric service without markup. Tenant Ordinary Business Hours shall be responsible for the maintenance mean 6:00 A.M. to 6:00 P.M., Monday through Friday and repair of any such meters at its sole cost. Landlord shall furnish elevator service8:00 A.M. to 1:00 P.M. on Saturday, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the areaexcept Holidays.
Appears in 1 contract
Sources: Lease Agreement (Zynex Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises premises during reasonable hours of generally recognized business days, and during hours to be determined by Landlord in its his sole discretion, discretion and subject to the Rules rules and Regulations regulations of the Building or Projectcomplex, electricity for normal desktop lighting and fractional horsepower office equipment and normal copying equipmentmachines, and heating, ventilation heat and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy occupation of the Premisespremises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries entries, and restrooms toilet rooms in the Buildingbuilding of which the premises are a part. Landlord shall not be in default hereunder or be liable for and Tenant shall not be entitled to any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts, or other labor disturbances or labor disputes of any condition character, or event by any other cause similar or dissimilar beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with with, or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises premises, and the cost thereof, thereof including the cost of installation, installation and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services Tenant will not without written consent of Landlord use any apparatus or device in the premises including, but without limitation thereto, electronic data processing machines, punch card machines, and utilitiesmachines using in excess of 120 volts which will in any way increase the amount of electricity usually furnished or supplied for the use of the premises as general office space; nor connect with electric current except through existing electrical outlets in the premises any apparatus or device for the purpose of using electric current. Nothing contained If Tenant shall require water or electric current in this Article shall restrict Landlord's right to require at any time separate metering excess of utilities furnished to that usually famished or supplied for the Premises. In use of the event utilities are separately meteredpremises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may at his option either: (1) cause a water meter or electrical current meter to be installed in the premises so as to measure the amount of water and electric current consumed for any such use; or (b) assess a reasonable charge in a constant amount to cover the 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 utilities such water and electric current consumed as shown by said meters, at utility the rates charged for such services by the local public utility furnishing the same plus any additional expense incurred by Landlord in keeping account of the utilities water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer. Tenant shall be responsible for will permit access to the maintenance and repair premises during normal business hours to installers or repairmen of any such meters at its sole cost. Landlord shall furnish elevator serviceutility services, lighting replacement for building standard lights, restroom supplies, window washing and janitor whether in furtherance of Tenant's services in a manner that such services are customarily furnished to comparable office buildings in the areaor those of others.
Appears in 1 contract
Services and Utilities. Provided (a) The parties acknowledge and agree that Tenant is the Premises are not in default hereunderseparately metered as of the Commencement Date. Landlord, Landlord agrees at its sole cost and expense but subject to furnish partial reimbursement pursuant to the Premises during generally recognized business daysTenant’s Share of Operating Expenses, shall pay all charges for all gas, electricity, water, sewer, trash disposal, janitorial, pest control, and during hours determined by Landlord in its sole discretionother utility services used, and subject to the Rules and Regulations of the Building rendered or Project, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder supplied upon or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing Premises and consistent with first class, Class A office space in the City of any Richmond (collectively, the “Services”). Janitorial services shall be provided nightly Monday through Friday, and shall include, without limitation, emptying wastebaskets, weekly vacuuming, and cleaning bathrooms, with furniture and surfaces to be dusted weekly. Subject to Section 13(b) below, Tenant, at its sole cost and expense, assumes full responsibility for procuring all other services necessary for the operation of the foregoing services, (ii) failure Premises for Tenant to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to conduct its business from the Premises, Building or Projectsuch as, or but not limited to, high speed internet, telephone and cable, and Landlord shall reasonably cooperate with Tenant as to Tenant’s procurement of such services. The costs of the Services shall be included as an Operating Expense in accordance with the terms and conditions of Section 4 above.
(iiib) Tenant may request additional services of Landlord during any time period when Landlord is providing the limitationServices, curtailment or rationing ofwhich additional services may include the costs and expenses incurred in connection with the maintenance, or restrictions onrepair and replacement of all lighting fixtures, use of water, electricity, gas or any other form of energy serving whatever type and nature located within the Premises, Building water heaters, garbage disposals, generators and plumbing fixtures, and all pipes, conduits, wires, cables, vents, laterals, equipment or Project. Landlord shall not be liable under any circumstances for a loss of machinery ancillary or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises appurtenant thereto which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to are located within the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for paying directly to Landlord, within ten (10) business days after request, the maintenance costs and repair of any expenses associated with such meters at its sole cost. additional services.
(c) At all times during the Term, Landlord shall furnish elevator serviceto Tenant, lighting replacement for building standard lightsheating and air conditioning, restroom suppliesas applicable, window washing using commercially reasonable efforts to provide such temperatures as are in line with industry standards and janitor services in a manner that such services are customarily furnished to comparable Class A office buildings in the immediate Richmond, Virginia metropolitan area, during the hours of be 8:00 a.m. through 6:00 p.m. Mondays through Fridays (collectively, “Normal Business Hours”), exclusive of Normal Business Holidays. For the purposes of this Lease, “Normal Business Holidays” includes, without limitation, New Year’s Day, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day and any other day on which the nationally recognized banks in the Commonwealth of Virginia are closed. If in the case of any holiday described in this Lease a different day is observed than the respective day described, then the day which constitutes the day observed by national banks in Richmond, Virginia, on account of such holiday will constitute the holiday under this Lease. Landlord agrees to use commercially reasonable efforts (i) to consistently set the temperature for the Leased Premises to not less than 68℉ and not more than 74℉ (the “Preferred Temperature Settings”) during Normal Business Hours, excluding Normal Business Holidays, and (ii) to set the “set-back” for the Leased Premises outside of Normal Business Hours to no more than ten percent (10%) higher or lower, as applicable, than the foregoing Preferred Temperature Settings. In the event Tenant shall request in writing in advance that Landlord set the temperature for the Leased Premises to the Preferred Temperature Settings for an event or other purpose outside of Normal Business Hours, then Landlord shall use reasonable efforts to accommodate ▇▇▇▇▇▇’s request (and if Landlord is able to do so, Landlord shall estimate, in reasonable discretion, the additional amount expended by Landlord attributable to such period and shall invoice Tenant for such amount in writing accompanied by reasonable supporting documentation, which invoice ▇▇▇▇▇▇ agrees to pay within thirty (30) days of receipt thereof).
(d) Notwithstanding the foregoing, if: (i) a failure or cessation of an essential utility (electric, power, gas, sewer or water) occurs due to the gross negligence or willful misconduct of Landlord (“Utility Interruption Event”), (ii) the remedy of such Utility Interruption Event is within the reasonable control of Landlord and (iii) Landlord does not restore the essential utility loss within five (5) business days, then Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (6th) business days of such cessation and ending on the day when the essential utility service in question has been restored.
Appears in 1 contract
Sources: Lease Agreement
Services and Utilities. Provided that (a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the negligent or intentional acts or omissions of Tenant or for which Tenant is not in default hereunderresponsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord agrees to furnish at Tenant’s expense.
(b) Subject to the Premises during generally recognized business days, provisions elsewhere herein contained and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, telephone, cable and digital services, and Tenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). Landlord shall cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building Systems.
(c) Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld or Projectdelayed, electricity for normal desktop office equipment use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, electronic data processing machines, punch card machines and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required machines using excess lighting or voltage in Landlord's judgment for the comfortable use and occupancy excess of the Premises. Landlord shall also maintain and keep lighted amount for which the common stairs, common entries and restrooms in the Building. Building is designed.
(d) Landlord shall not be in default hereunder or hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the Rent rental herein reserved be abated abated, except as expressly provided for in the last sentence of this paragraph, 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 services where to be provided by Landlord when such failure or delay is caused by accident Acts of God or the elements, labor disturbances of any condition character, any other accidents or event other conditions beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Premises or to the Building (except in the case of Landlord’s gross negligence or Project, willful misconduct); or (iii) the limitation, curtailment curtailment, rationing or rationing of, or restrictions on, restriction on use of water, water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises, Building Premises or the Project. Furthermore, Landlord shall not be liable under any circumstances for a loss entitled to cooperate with the mandatory requirements of national, state or injury to property local governmental agencies or business, however occurring, through or utilities suppliers in connection with reducing energy or incidental to failure to furnish any such servicesother resources consumption. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right become unsuitable for Tenant’s use as a consequence of cessation of gas and electric utilities or other services provided to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand resulting from a casualty covered by Landlord. *See addendum paragraph 8 services ’s insurance, then Tenant’s Monthly Base Rent and utilities. Nothing contained Additional Charges shall ▇▇▇▇▇ during the period of time in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished which Tenant cannot occupy the Premises for the Permitted Uses, but only to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged extent of rental abatement insurance proceeds received by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the areaLandlord.
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Services and Utilities. Provided that Tenant is not Lessor shall furnish reasonably adequate electricity, water, lavatory supplies, and automatically operated elevator service and normal and customary cleaning and char service for comparable Tysons Corner buildings (on a five (5) day week basis exclusive of legal holidays) after business hours. Lessor shall furnish hot and cold water at those points of supply provided for general use of other tenants in default hereunderthe Building, Landlord agrees central heat and air-conditioning in season, at such times as Lessor normally furnishes these services to other tenants in the Building, and at such temperatures and in such amounts as are considered by Lessor to be standard, Monday through Friday, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 1 p.m. exclusive of Sundays and holidays during such seasons of the year when such services are normally and usually furnished in the modern office buildings in the Washington, D.C. metropolitan area; routine maintenance, painting and electric lighting service for all public areas, garage and special service areas of the Building in the manner and to the extent deemed by Lessor to be standard; proper electrical facilities to furnish sufficient power to machines of low electrical consumption provided, however, that, except for reasonable quantities of low electrical consumption equipment which Lessee is permitted to install in the Demised Premises pursuant to Section 14 without Lessor's consent, Lessee shall bear the utility costs occasioned by electro-data processing machines, including air-conditioning costs therefor, mini computers, mainframe computers and similar machines of high electrical consumption; all subject to Federal, State and County governmental controls and regulations; but failure by Lessor to any extent to furnish these defined services, or any cessation thereof, resulting from causes beyond the control of Lessor, shall not render Lessor liable in any respect for damages to either person or property, nor be construed as an eviction of Lessee, nor work an abatement of Rent, nor relieve Lessee from fulfillment of any covenant or agreement hereof. Should any of the Building equipment or machinery break down, or for any cause cease to function properly, Lessor shall, upon receipt of notice from Lessee of the need therefore, use reasonable diligence to repair the same promptly, but Lessee shall have no claim for rebate of Rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Subject to the Premises during generally recognized business daysterms hereof, regular maintenance and repairs, and during circumstances and events beyond the reasonable control of Lessor, Lessee and Lessee's employees shall have access to the Building and the Demised Premises twenty-four (24) hours determined by Landlord per day, three hundred sixty-five (365) days per year. Subject to the terms hereof, regular maintenance and repairs, and circumstances and events beyond the reasonable control of Lessor, Lessor shall provide heat and air conditioning at times in its sole discretionaddition to those specified above, at Lessee's expense upon not less than twenty-four (24) hours written notice from Lessee, but in no event shall notice be provided later than 11:00 a.m. on a Friday for weekend or holiday overtime operation. Lessee shall pay Lessor for said after-hours service based upon Lessor's building standard service charge then-in effect and subject to the Rules change from time to time (currently Nineteen Dollars ($19.00) per hour per floor), plus Lessor's additional charge as then-in effect and Regulations subject to change from time to time (currently Thirty Dollars ($30.00) per hour (regardless of the Building number of floors)) when an engineer's presence is required or Projectrequested by Lessee. The foregoing charges shall be subject to annual revision by Lessor. Notwithstanding anything herein contained to the contrary, Lessee shall reimburse Lessor upon demand for all electrical consumption and demand charges attributable to electricity provided through the sub-panel installed by Lessor in the Demised Premises, or otherwise provided for normal desktop office equipment and normal copying equipment, and or consumed by any supplemental heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy equipment or other equipment installed by or on behalf of the PremisesLessee. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent 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 services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.Without limiting the
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, and during hours to be determined by Landlord in its at his sole discretion, and subject to the Rules rules and Regulations regulations of the Building or Projectof which the Premises are a part, electricity for normal desktop lighting and fractional horsepower office equipment and normal copying equipmentmachines, and heating, ventilation heat and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure is cause by accident, breakage, repairs, strikes, lockouts or delay is caused other labor disturbances of labor disputes of any character, or by accident any other cause, similar or any condition or event dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, the cost of Operation and Maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 services and utilities. Nothing contained Tenant will not, without written consent of Landlord, use any apparatus or device in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlet in the Premises, any apparatus or device, for the purpose of using electric current. In If Tenant shall require water or electric current in excess of that usually furnished or supplied for the event utilities are separately metereduse of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all utilities consumed at utility rates charged by the local public utility plus any additional such water and electric expense incurred by Landlord in keeping account of the utilities water and electric current so consumed. Tenant shall If a separate meter is not installed, such excess cost for such water and electric current will be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in established by an estimate made by a manner that such services are customarily furnished to comparable office buildings in the areautility company or electrical engineer.
Appears in 1 contract
Sources: Office Building Lease (Anchor Pacific Underwriters Inc)
Services and Utilities. (a) Landlord shall maintain the Common Areas, including lobbies, stairs, elevators, corridors and rest rooms, 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, its agents, servants, employees or invitees, which damage shall be repaired by Landlord at Tenant's expense.
(b) Provided that Tenant is not in default hereunder, and subject to the provisions contained elsewhere herein and in the Rules and Regulations, Landlord agrees to furnish to the Premises during ordinary business hours of generally recognized business days, and during hours to be determined by Landlord (but exclusive in its sole discretionany event of Sundays and legal holidays), and subject to the Rules and Regulations of the Building or Project, electricity for normal desktop office equipment and normal copying equipment, and heating, ventilation heat and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises, in accordance with the specifications set forth on Exhibit "C" attached hereto and by this reference made a part hereof; janitorial services during the times and in the manner set forth in Landlord's Cleaning Specifications attached hereto as Exhibit "E," and elevator service. Except as provided in Paragraph 38 of this Lease, Landlord shall be under no obligation to provide additional or after-hours heating or air conditioning, but if Landlord elects to provide such services at Tenant's request, 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. Whenever 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 units and metering devices for such 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 agrees to furnish to the Premises electricity for general office purposes and water for lavatory and drinking purposes, subject to the provisions of subparagraph 5(c) below. Except as set forth in Paragraph 41 of this Lease, Landlord shall also maintain and keep lighted in no event be liable for any interruption or failure of utility services to the common stairs, common entries and restrooms Premises or for any result thereof.
(c) Tenant will not without the prior written consent of Landlord use any apparatus or device in the BuildingPremises 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 water pipes, any apparatus or device for the purposes of using electric 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 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 prior written consent of Landlord, to the use thereof, which Landlord may refuse, in its sole discretion, 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 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 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 Rent rental herein reserved be abated (except as set forth in Paragraph 41 of this Lease) by reason of 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 where when such failure or delay is caused by accident Acts of God or the elements, labor disturbances of any condition character, any other accidents or event other conditions beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building Premises or Project, to the Building; or (iii) the limitation, curtailment curtailment, rationing or rationing of, or restrictions on, restriction on use of water, water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the PremisesPremises or the Building. Furthermore, Building or Project. Landlord shall not be liable entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing consumption of energy, water or any other resources.
(d) Any sums payable under this Paragraph 5 shall be considered Additional Rent and may be added to any circumstances installment of Rent thereafter becoming due and shall accrue late charges as Rent as set forth in subparagraph 19(g) of this Lease, and Landlord shall have the same remedies for a loss default in payment of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment sums as for a default in the Premises which affect the temperature otherwise maintained payment of Rent.
(e) Tenant shall not provide any janitorial services without Landlord's prior written consent and then only subject to supervision of Landlord and by the HVAC system, Landlord reserves the right a janitorial contractor or employees at all times satisfactory to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. *See addendum paragraph 8 Any such services and utilities. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged provided by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance at Tenant's sole risk, cost and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the arearesponsibility.
Appears in 1 contract
Sources: Lease Agreement (Inhibitex Inc)