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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 2 contracts
Sources: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)
Services and Utilities. Provided that Tenant is Lessee shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not in default affect Lessee’s obligations hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules Lessee shall faithfully keep and regulations observe all of the Building terms, conditions and covenants of which the Premises are a partthis Lease and pay all Rentals due hereunder without diminution, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial servicecredit or deduction. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord Lessor shall not be liable under any circumstances for a loss injury to or death of or injury loss or damage to propertypersons or property or damage to Lessee’s business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines Lessee shall not connect 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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 permit connection with electric current current, gas or water supply lines, except through existing electrical outlets in outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, any apparatus or device, 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, Tenant Lessee shall first procure the written consent of LandlordLessor, which Landlord Lessor may refuserefuse for any reason, to the use thereof and Landlord Lessor may cause a water water, gas meter or electrical electric current meter to be installed in the Premises, Premises so as to measure the amount of water water, gas 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 Lessee and Tenant Lessee agrees to pay to Landlord Lessor, as additional rent promptly upon demand therefor by Landlord Lessor, for all such water water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineerengineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.
Appears in 2 contracts
Sources: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of on generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any and additional expense incurred in keeping account of the 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.
Appears in 2 contracts
Sources: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences 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, to be determined by Landlord at his sole discretion, its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, Premises and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoingforegoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; 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. 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, 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, or otherwise charge Tenant the reasonably estimated cost thereof. 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 such water and electric current consumed as shown by said metersmeters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 2 contracts
Sources: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)
Services and Utilities. Provided Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. In the event that Tenant is not in default hereunderany electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord agrees shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to furnish to the Premises during reasonable hours Tenant, Tenant shall pay such proportion of generally recognized business daysall charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be determined reasonable. Any such charges paid by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and assessed against Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure immediately payable to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises on demand and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordadditional rent hereunder. 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 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. 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, Tenant shall first procure the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. In the event that Landlord may refuseestablishes a cafeteria in the Building, upon Tenant’s request, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 2 contracts
Sources: Sublease (Conceptus Inc), Lease Agreement (Verisity LTD)
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, to be determined by Landlord at his sole in its reasonable discretion, and subject to the rules and regulations of the Building of which the Premises are a partBuilding, 11 electricity for normal lighting and fractional horsepower normal and customary office machinesmachines and equipment, heat and air conditioning required in Landlord’s 's reasonable judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted provide lighting for the common stairs, common entries and toilet rooms in the Building of which the Premises are a partBuilding. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental in the Rent due hereunder by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a any loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 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. Tenant will shall not, without the prior written consent of by Landlord, use any apparatus or device in the Premises, including, but without limitation theretoincluding by way of illustration and not limitation, electronic data processing machines, punch card machines, machines and machines using in excess of 120 volts, which will in any way increase the amount of electricity used above that usually furnished or supplied for the use of the Premises as general office space; nor connect any apparatus or device with electric current lines except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require desires to use water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure request the written consent of Landlord, which same from Landlord in writing. Landlord may refuserefuse such request, to the use thereof and but such refusal shall not be unreasonable. If such request is granted, Landlord may shall cause a separate water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and or electric current consumed for any such useconsumed. The Tenant agrees to pay promptly upon demand therefor from Landlord, the cost of any such meters and of the installation, maintenance and repair thereof shall be paid for by thereof, and the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord charges for all such water and electric current consumed as shown by said metersmeters in excess of the amount consumed in connection with the use of the Premises as general office space, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess the Tenant agrees to pay the cost for such excess water and electric current will be as established by an estimate of the amount of such excess use made by a utility company or electrical engineerengineer selected by Landlord. If Tenant requires heating, ventilating or air conditioning for the Premises outside of the normal and customary business hours for the Building (currently Monday through Friday, 7:00 a.m. to 6:00 p.m., and Saturdays, 8:00 a.m. to 4:00 p.m., excluding holidays), then Landlord will furnish the same for the hours specified in a request from Tenant (which request will be made at the time and in the manner reasonably designated by Landlord for such requests from time to time), and for this service Tenant will pay Landlord the hourly rate reasonably determined by Landlord from time to time, which rate may include the cost of service to areas of the Building in addition to the Premises.
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, to be and during hours determined by Landlord at his in its sole discretion, and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, electricity for normal lighting desktop office equipment and fractional horsepower office machinesnormal copying equipment, heat and heating, ventilation and air conditioning ("HVAC") as required in Landlord’s 's judgment for the comfortable use and occupation occupancy of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, 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 propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoingsuch services. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC 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. Tenant will not, without written consent *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 Landlord, use any apparatus or device in 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 . In 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. 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 spaceevent utilities are separately metered, 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 such water and electric current utilities consumed as shown by said meters, at the utility 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 water and electric current utilities so consumed. If 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 separate meter is not installed, manner that such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerservices 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 not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his its sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing, except as to Landlord's negligence or willful acts. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, Tenant shall first procure the written consent of Landlord, which Landlord may not unreasonably 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 such water and electric current consumed as shown by said meters, meters at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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. Notwithstanding the foregoing, if any essential service to be provided is interrupted or curtailed for a period of forty-eight (48) hours and is caused by Landlord or lies within Landlord's control, in addition to other remedies available to Tenant, the Rent (inclusive of all payments) for the Premises shall completely ▇▇▇▇▇ from such forty-eight (48) hour period and continue until such services are fully restored. Landlord shall provide a minimum of seventy-two (72) hours' prior written notice of any planned interruption of services in connection with the repair and maintenance of the Premises or the Building.
Appears in 1 contract
Sources: Lease Agreement (Vstream Inc /Co)
Services and Utilities. Provided that Tenant is not Landlord shall provide the following services and utilities (the cost of which shall be included in default hereunderOperating Expenses unless otherwise stated herein or in any separate rider hereto):
(A) Heat and air-conditioning from 7:00 a.m. until 6:00 p.m. Monday through Friday, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretionexcept on Holidays (as defined in Article 25), and subject to the rules and regulations of the on Saturdays from 8:00 a.m. until 1:00 p.m. The Building of which the Premises are a partstandard heating, electricity for normal lighting and fractional horsepower office machines, heat ventilating and air conditioning required system is set forth in Landlord’s judgment for Exhibit C to the comfortable use and occupation of the PremisesWork Agreement, and janitorial service. Landlord shall also maintain the system in accordance therewith, subject to adjustments pursuant to mandatory and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a partvoluntary compliance by Landlord with Laws relating to energy use. Landlord shall not be liable for, responsible for inadequate air-conditioning or ventilation to the extent the same occurs because Tenant uses any item of equipment consuming more than 500 ▇▇▇▇▇ at rated capacity without providing adequate air-conditioning and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlordventilation therefor. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever Whenever heat generating machines or equipment are used in the Premises which installed by Tenant affect the temperature otherwise maintained by Landlord in the Premises, or whenever the occupancy or electrical load exceeds the air conditioning systemstandards set forth by Landlord, Landlord reserves the right shall be relieved of responsibility for maintaining such standards and in such event Tenant shall, promptly, following delivery of written notice by Landlord to Tenant, either (i) discontinue use of such heat generating machines or equipment, or (ii) install supplementary air conditioning units in the Premises and Premises, the cost thereofcost, including the cost of installation, and the cost of operation and maintenance thereof of which shall be paid by Tenant to Landlord upon demand at such rates as Landlord generally charges tenants in the Building from time to time, which rates shall be available in the office of the Building. Tenant has requested, and Landlord has consented to, the installation of a supplemental HVAC unit for the Sixteenth Floor Premises, the size of which shall be subject to Landlord's reasonable approval and the installation of which shall be performed in accordance with plans approved in advance by Landlord. The maximum available amount of supplemental air conditioning capacity that is connected to the Building's condenser water riser and available to Tenant will not, without written consent for such supplemental HVAC unit is 15 tons per full floor of Landlord, use any apparatus or device in the Premises. Tenant may re-allocate a portion of the supplemental air conditioning capacity that is available to the Premises toward a particular floor of the Premises, includingprovided that in no event may Tenant's allocation of supplemental air conditioning capacity to a single floor of the Premises exceed thirty (30) tons. Tenant will cooperate with Landlord and abide by all regulations and requirements which Landlord may prescribe for the proper functioning of the ventilating and air conditioning systems.
(B) Water for drinking, but without limitation theretolavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Property.
(C) Customary office cleaning and trash removal service, electronic data processing machinesMonday through Friday evenings, punch in and about the Premises, in accordance with the Cleaning and Janitorial Specifications attached hereto as Exhibit D.
(D) Operatorless passenger elevator service and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors.
(E) Tenant shall have access to the Building twenty-four (24) hours per day, seven (7) days per week. After normal business hours, access to the Building will be provided using a key card machinesor other similar access and monitoring system. A security representative of Landlord will be at the Property twenty-four (24) hours per day, seven (7) days per week.
(F) Landlord shall seek to provide such extra utilities or services as Tenant may from time to time request, if the same are reasonable and feasible for Landlord to provide and do not involve modifications or additions to the Property or existing Systems and Equipment (as defined in Article 25), and machines using if Landlord shall receive Tenant's request within a reasonable period prior to the time such extra utilities or services are required. Landlord may comply with written or oral requests by any officer or employee of Tenant, unless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to 3 for each floor on which the Premises are located) and procedures for written requests. Tenant shall, for such extra utilities or services, pay the rates that Landlord generally charges tenants in excess of 120 voltsthe Building for such utilities or services, which will rates shall be available in the office of the Building and are subject to adjustment from time to time. All charges for such extra utilities or services shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing. In the event Tenant shall fail to make payment for such additional services, Landlord may, in addition to all other remedies which Landlord may have for the non-payment of Rent and without notice to Tenant, discontinue any or all such additional services, and such discontinuance shall not be held or pleaded as an eviction or as a disturbance in any way increase manner whatsoever of Tenant's possession, or relieve Tenant from the amount payment of Rent when due, or vary or change any other provision of this Lease, or render Landlord liable for damages of any kind whatsoever. At Tenant's sole cost and expense, the Premises shall be separately metered and Tenant shall pay directly to the utility company all electricity usually furnished charges with respect to Tenant's electrical consumption within the Premises. Tenant's use of electrical service shall not exceed the safe and lawful capacity of the Building's existing electrical circuits, which are designed to and shall provide a total of 7.5 ▇▇▇▇▇ per rentable square foot for all Tenant requirements, including lighting, outlets and supplemental air conditioning. In the event that Tenant requires HVAC service outside of the normal Building hours set forth in Article 7(A) above, Landlord shall seek to provide same, provided that Landlord shall receive Tenant's request within a reasonable period prior to the time such extra HVAC service is needed. Landlord may comply with written or supplied oral requests by any officer or employee of Tenant. Tenant shall pay the rates that Landlord generally charges tenants in the Building for such extra HVAC service, which rates shall be available in the office of the Building and are subject to adjustment from time to time. All charges for extra HVAC service shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing. Landlord's current charges for extra HVAC service are $50 to $60 per hour. Tenant shall pay for the cost of all supplemental air conditioning capacity used by Tenant based on the rates that Landlord generally charges tenants in the Building for such usage, which rates shall be available in the office of the Building and are subject to adjustment from time to time. Landlord's current charges for supplemental air conditioning capacity is $30 per ton per month. Alternatively, Tenant may pay for supplemental air conditioning capacity based upon Tenant's actual usage thereof as determined through Tenant's installation of a meter off the riser that measures Tenant's use thereof. Landlord agrees to operate and maintain the Building in accordance with the standard of other comparable first-class office buildings in the Chicago loop area. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, stream, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages. Notwithstanding anything to the contrary in the Lease, in the event that there shall be an interruption, curtailment or suspension of the Building's elevator, electricity or HVAC service or water supply in the manner required to be provided in this Article 7 (and no reasonably equivalent alternative service or supply is provided by Landlord and Tenant is unable to and does not use the Premises or more than 20,000 rentable square feet of the Premises as a result of such interruption, curtailment or suspension (a "SERVICE INTERRUPTION"), and if (i) such Service Interruption shall not have been caused, in whole or in part, by an act or omission or negligence of Tenant, or of Tenant's agents, employees, contractors or visitors, (ii) such Service Interruption does not arise as a result of a matter, event or condition affecting the general office space; nor connect with electric current except through existing electrical outlets area in which the Property is located, such as a city-wide power outage, and (iii) Tenant shall have given written notice respecting such Service Interruption to Landlord, such Service Interruption continues for more than five (5) consecutive business days after Landlord receives such notice, Rent hereunder shall thereafter be abated in the Premises, any apparatus or device, for same proportion as 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 portion of the Premises affected by the Service Interruption bears to the entire Premises from the end of such five (5) consecutive business day period until such time as such services or utilities are restored or Tenant begins using the Premises (or affected portion thereof) again for the conduct of Tenant's business, whichever shall first occur. If a Service Interruption occurs and if (i) such Service Interruption shall not have been caused, in whole or in part, by an act or omission or negligence of Tenant, or of Tenant's agents, employees, contractors or visitors, and (ii) such Service Interruption does not arise as a result of a matter, event or condition affecting the general office spacearea in which the Property is located, such as a city-wide power outage, Tenant shall first procure may terminate this Lease if Landlord fails to substantially complete the written consent cure 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing Service Interruption within one hundred twenty (120) days after commencing the same, plus subject to extension due to force majeure (as defined in Article 10), provided that such extension for force majeure shall not exceed thirty (30) days. In order to exercise the foregoing termination right, Tenant must send Landlord written notice of termination specifying the basis for termination at any additional expense incurred in keeping account time after the expiration of the water 120 day period (as the same may be extended by reason of force majeure) described in the preceding sentence. Such termination right shall not be available to Tenant if Landlord substantially completes the cure of such Service Interruption prior to receiving Tenant's termination notice. Such abatement of Rent and electric current so consumed. If termination right shall be Tenant's sole recourse in the event of 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 engineerService Interruption.
Appears in 1 contract
Sources: Office Lease (Participate Com 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, to be determined by Landlord at in his sole discretion, discretion and subject to the rules and regulations of the Building of which the Premises are a partcomplex, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premisespremises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries entries, and toilet rooms in the Building building of which the Premises premises are a part. Landlord shall not be liable for, for and Tenant shall not be entitled to, to any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any character, or by any other cause, cause similar or dissimilar, dissimilar beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with with, or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises premises which affect the temperature otherwise maintained by the 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 shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, not without written consent of Landlord, Landlord use any apparatus or device in the Premises, premises including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, volts which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, premises any apparatus or device, device for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished famished or supplied for the use of the Premises 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 at his option either: (1) cause a water meter or electrical current meter to be installed in the Premises, 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; or (b) assess a reasonable charge in a constant amount to cover the maintenance, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, same plus any additional expense incurred in keeping account of the 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 will permit access to the premises during normal business hours to installers or repairmen of utility services, whether in furtherance of Tenant's services or those of others.
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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, gas, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus plus, any additional additional. expense incurred insured in keeping account of the 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.
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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Lease Addendum (Coast Bancorp)
Services and Utilities. Provided that Tenant LICENSEE is not in default hereunder, Landlord LICENSOR agrees to furnish to the Premises during reasonable business days and hours of generally recognized business daysas herein described, to be determined by Landlord LICENSOR at his its sole discretion, and subject to the rules and regulations of the Building County of which the Premises are a partFresno, electricity for normal lighting lighting, equipment usage, and fractional horsepower office machines, heat and air conditioning required in Landlord’s LICENSOR'S judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord LICENSEE shall notify LICENSOR of times other than normal working hours when the air-conditioning and/or heating will be needed for functions under LICENSEE'S jurisdiction. Said notification shall be given at least five (5) working days prior to the event. LICENSOR shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building building of which the Premises are a part. Landlord LICENSOR shall not be liable for, and Tenant LICENSEE shall not be entitled to, any reduction of rental License Fee by reason of Landlord’s LICENSOR'S failure to furnish any of the foregoing when such the failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of LandlordLICENSOR. Landlord LICENSOR shall not be liable under in any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to the failure to furnish any of the foregoing. Wherever heat generating machines or equipment are is used in at the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord LICENSOR reserves the right to install supplementary air conditioning units in on the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant LICENSEE to Landlord LICENSOR upon demand by LandlordLICENSOR. 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 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. 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, Tenant LICENSEE shall first procure the written consent of LandlordLICENSOR, which Landlord LICENSOR may refuse, to the use thereof and Landlord LICENSOR may cause a water meter or electrical current meter to be installed in on 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 LICENSEE and Tenant LICENSEE agrees to pay to Landlord LICENSOR promptly upon demand therefor thereof by Landlord LICENSOR 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 furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost costs for such water and electric current will be established by an estimate made by a utility company or electrical engineer. Telephones shall be provided and paid for by LICENSEE.
Appears in 1 contract
Sources: License Agreement
Services and Utilities. Provided A. Tenant shall (where practicable) contract for and pay directly when due, 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, 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 15 shall constitute Additional Rent hereunder.
B. Tenant acknowledges that Tenant is not in default hereunderhas inspected and accepts the water, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineselectricity, heat and air conditioning required in Landlord’s judgment for and other utilities and services being supplied or furnished to the comfortable use and occupation Premises as 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 janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms for Tenant's intended operations in the Building Premises. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of which the Premises are a part. Landlord shall not be liable forsun's position, and Tenant shall not be entitled to, any reduction of rental also agrees at all times to cooperate fully with Landlord and to abide by reason of Landlord’s failure to furnish any all of the foregoing when such failure is caused by accidentregulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical heating, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoingventilating and air conditioning systems. Wherever heat heat-generating machines 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 in the Premises and the cost 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. .
C. Tenant will not, shall not without written consent of Landlord, Landlord use any apparatus apparatus, equipment or device in the Premises, includingincluding without limitation, but without limitation theretocomputers, electronic data processing machines, punch card copying machines, and machines other machines, using excess lighting or using electric current, water, or any other resource in excess of 120 volts, or which will in any way increase the amount of electricity usually 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. 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 general office space; nor connect with electric current except through existing electrical outlets in of the date Tenant takes possession of the Premises, any apparatus or deviceif any, 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 spacedetermined by Landlord, Tenant shall first procure the written consent of Landlord, Landlord which Landlord may refuse, to the use thereof thereof, and Landlord may cause a water meter or electrical current special meter to be installed in the Premises, Premises so as to measure the amount of water and water, electric current or other resource consumed for any such other use. The Tenant shall pay directly to Landlord upon demand as an addition to and separate from payment of Operating Expenses the cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord 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 furnishing the same, plus any separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter Landlord shall in no case be liable for any damages directly or indirectly resulting from nor shall the 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 utilities or services, or any change is not installedthe 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, such excess cost for such water and labor disturbances of any character, or otherwise, or because of any interruption of service due to Tenant's use of water, electric current will 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 further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be established entitled to cooperate voluntarily and in a reasonable manner 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 designated by an estimate made by a utility company Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or electrical engineerproviders, 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 that Tenant is not in default hereunderagrees and covenants with Landlord to pay promptly all charges for gas, Landlord agrees to furnish to electrical and telephone services or charges for telephone connection with Tenant's use of the Premises during reasonable hours of generally recognized business days, and to be determined pay such charges promptly upon demand by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial serviceprovider. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms common restrooms in the Building of which the Premises are a partProject. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, 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 propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning systemsuch services, 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 Tenant shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, but including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises premises as general office space; nor , as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuseshall not unreasonably withhold, to and in the use thereof and event of consent, Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and or electric current consumed for any such useconsumed. The cost of any such meters meter and of its 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerengineer hired by Landlord at Tenant's expense. Notwithstanding the above, Landlord will arrange for separately metering the Premises to accommodate Tenant's electrical requirements in accordance with the mutually agreed upon electrical plan. The cost of the submetering will be at the Landlord's expense. 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 plu~ 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, lighting replacement for common area lights, restroom supplies in common area restrooms, and window washing services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Office Building Lease (NMXS Com 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, to be determined by Landlord at his sole discretion, hereunder and subject to the rules and regulations of the Building of which Building, Landlord shall furnish to the Premises are a part, premises electricity for normal lighting and fractional horsepower office machines, heat heating and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, premises and janitorial serviceservices, five days per week, Monday through Friday (except for holidays). Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises premises are a partpart except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant's expense. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, accident breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, character or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however however, occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or Illegible ---------- Initials equipment are used in the Premises premises which generate heat or affect the temperature otherwise maintained by the air conditioning system, or are an abnormal burden upon such system, Landlord reserves the right right, but shall have no obligation, to install supplementary air conditioning units in the Premises premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Lease Agreement (Medicode Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to shall pay for the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretionelectricity and gas for office equipment and normal copying equipment, and subject to the rules and regulations of the Building of which the Premises are a partheating, electricity for normal lighting and fractional horsepower office machines, heat ventilation and air conditioning ("HVAC") as required in Landlord’s judgment for the comfortable use and occupation occupancy of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, 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 propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever such services, if Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC 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. Tenant will shall not, without the written consent of Landlord, Landlord use any apparatus or device in the Premises, including, but Premises including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in . Tenant shall not connect any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect apparatus with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuse, to and in the use thereof and event of consent. Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees Tena▇▇ ▇▇▇ees to pay to Landlord promptly upon demand therefor by Landlord 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 furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerat Tenant's expense. 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. Tenant shall furnish janitorial services and supplies for the leased Premises.
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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, machines and heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet toilet/shower rooms in the Building of which the Premises are a part. Landlord shall not be liable forliable, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances circumstances, for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever Whenever heat generating machines 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 in the Premises and the cost thereof, including the cost of the installation, and the cost of the operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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 electrical 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, 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 an 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred insured in keeping account of the 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.
Appears in 1 contract
Sources: Office Space Lease Agreement (Mobile Pet Systems Inc)
Services and Utilities. See Addendum I, Paragraph 49, Service 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, to be and during hours determined by Landlord at his in its sole discretion, and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, electricity for normal lighting desk top office equipment and fractional horsepower office machinesnormal copying equipment, heat and heating, ventilation and air conditioning ("HVAC") as required in Landlord’s 's judgment for the comfortable use and occupation 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 janitorial serviceTenant shall pay Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any the foregoing services, (ii) failure to furnish or delay in furnishing any of the foregoing when such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs of 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 propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoingsuch services. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC 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. If Tenant will requires the use of after hours HVAC and electricity, then Tenant shall reimburse Landlord the actual costs of said after hours usage. Current estimated costs for HVAC and electricity are $37.00 per hour for 25,000 square feet. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including, but including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises premises as general office space; nor , as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuse, to and in the use thereof and event of consent, Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and or electric current consumed for any such useconsumed. The cost of any such meters meter and of its 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerengineer hired by Landlord at Tenant's expense. See Addendum I, Paragraph 42 and 43, Roof Equipment, Generator and Generator Pad 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 (Pac-West Telecomm Inc)
Services and Utilities. Provided that Tenant Lessee is not in default hereunder, Landlord Lessor agrees to furnish to the Premises during reasonable the hours of set forth in the Rules and Regulations (attached hereto as Exhibit E) on generally recognized business daysdays Monday through Friday, to be determined by Landlord Lessor at his its sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord Lessor shall provide electricity for normal fighting and fractional office machines and water to the Premises and shall also maintain and keep lighted the common stairs, common entries entries, elevator service, and toilet rooms restroom facilities in the Building of which the Premises are a part. Landlord Lessor shall not be liable for, and Tenant Lessee shall not be entitled to, any reduction of rental by reason of Landlord’s Lessor's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other -other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, cause beyond the reasonable control of Landlordthe Lessor. Landlord Lessor shall not be liable under any circumstances for a loss of or injury to propertyPremises, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord Lessor reserves the right to install supplementary air conditioning units in the Premises premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant Lessee to Landlord Lessor upon demand by LandlordLessor. Tenant Lessee will not, without written consent of LandlordLessor, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, 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 and will not connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant Lessee shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant Lessee shall first procure the written consent of LandlordLessor, which Landlord Lessor may refuse, to for the use thereof and Landlord Lessor 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 the installation, maintenance and repair thereof shall be paid for by the Tenant Lessee and Tenant Lessee agrees to pay to Landlord Lessor promptly and upon demand therefor by Landlord Lessor 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 furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Lease (Business Objects Sa)
Services and Utilities. Provided that Tenant is not in default hereunder, (a) Landlord agrees to shall furnish to the Premises during reasonable hours of generally recognized business days, days to be determined by Landlord at his in its sole discretion, discretion and subject to the rules and regulations of the Building of which the Premises are a partBuilding, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, subject to restrictions or guidelines for temperature limitations provided by lawful governmental authority, and janitorial service. Landlord shall also maintain and keep lighted light the common stairs, common entries entries, and toilet rooms in the Building of which the Premises are a partBuilding. Landlord shall not be liable for, for and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts lockout or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to furnishing or its failure to furnish any of the foregoing. Wherever heat generating machines 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 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 as additional rent upon demand by Landlord. .
(b) Tenant will shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including, including but without limitation thereto, not limited to 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 consumed by Tenant beyond that amount which is reasonably required for the use of the Premises as general office space; nor . Tenant shall not connect with electric current current, except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water requires water, gas or electric current in excess of that usually furnished or supplied the amount which Landlord deems reasonable for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, Landlord (which Landlord may refuse, ) to the use thereof and Landlord may cause a water meter separate water, gas or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof of any such meters shall be paid for by the Tenant and Tenant. Tenant agrees to pay to Landlord as additional rent promptly upon demand therefor by Landlord for demand, the cost of all such water water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water water, gas and electric current will be established and adjusted from time to time by an estimate made by a utility company or electrical engineerengineer designated by Landlord.
Appears in 1 contract
Sources: Office Lease (Salix Holdings LTD)
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 to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineselectricity, heat and air conditioning required in Landlord’s judgment for and other utilities and services being supplied or furnished to the comfortable use and occupation Premises as 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 janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms for Tenant's intended operations in the Building of which the Premises are a part. Landlord shall not be liable for, and Premises.
C. Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of LandlordLandlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus apparatus, equipment or device in the Premises, includingincluding without limitation, but without limitation theretocomputers, electronic data processing machines, punch card copying machines, and machines other machines, using excess lighting or using electric current, water, or any other resource in excess of 120 volts, or which will in any way increase the amount of electricity usually 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 general office space; nor connect with electric current except through existing electrical outlets in of the date Tenant takes possession of the Premises, any apparatus or deviceif any, 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 spacereasonably determined by Landlord, Tenant shall first procure the written consent of LandlordLandlord (which consent shall not be unreasonably withheld, which Landlord may refusedelayed or conditioned), to the use thereof thereof, and Landlord may cause a water meter or electrical current special meter to be installed in the Premises, Premises so as to measure the amount of water and water, electric current or other resource consumed for any such other use. The Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord 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 furnishing the same, plus any separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter Landlord shall not be liable for any damages directly or indirectly resulting from nor shall the 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 utilities or services, or any change in 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 not installedcaused by acts of God or the elements, such excess cost for such water and labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current will be established 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, whether by Regulation or otherwise; nor shall any such occurrence constitute an estimate made by a utility company actual or electrical engineer.constructive eviction of Tenant. Landlord shall further have no
Appears in 1 contract
Sources: Sublease Agreement (Mp3 Com Inc)
Services and Utilities. 13.1 Provided that Tenant is shall not be in default hereunderunder this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), to be determined by Landlord at his sole discretion, the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Building Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of which the Premises are a part. Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be liable under agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any circumstances tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a loss reasonable allowance for depreciation of or injury any systems being used to propertyprovide such service. The current charge for after-hours HVAC service, however occurringwhich is subject to change at any time, through or in connection with or related to failure to furnish any of is specified on the foregoing. Reference Pages.
13.3 Wherever heat heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning systemsystem or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, installation and the cost of operation operations and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by within five (5) days of Landlord. ’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, including but without limitation theretonot limited to, electronic data processing machines, punch card machines, machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for the use of the Premises as general for normal office space; use, nor connect with electric current current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device, device for the purpose purposes of using electric currentelectrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general normal office spaceuse, Tenant shall first procure the prior written consent of LandlordLandlord for the use thereof, which Landlord may refuse, to the use thereof and if Landlord does consent, Landlord may cause a water meter or electrical electric current meter to be installed in the Premises, so as to measure the amount of or such excess water and electric current consumed for any such usecurrent. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant. Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for within five (5) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If .
13.5 Tenant will not, without the written consent of Landlord, contract with a separate meter utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not installedpreviously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, such excess cost Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for such water normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and electric current will absolute discretion. Landlord’s shall in no event be established liable for disruption in any service obtained by an estimate made by a utility company or electrical engineerTenant pursuant to this paragraph.
Appears in 1 contract
Sources: Lease Agreement (Schrodinger, Inc.)
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 to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineselectricity, heat and air conditioning required in Landlord’s judgment for and other utilities and services being supplied or furnished to the comfortable use and occupation Premises as 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 janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms for Tenant's intended operations in the Building of which the Premises are a part. Landlord shall not be liable for, and Premises.
C. Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of LandlordLandlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus apparatus, equipment or device in the Premises, includingincluding without limitation, but without limitation theretocomputers, electronic data processing machines, punch card copying machines, and machines other machines, using excess lighting or using electric current, water, or any other resource in excess of 120 volts, or which will in any way increase the amount of electricity usually 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 general office space; nor connect with electric current except through existing electrical outlets in of the date Tenant takes possession of the Premises, any apparatus or deviceif any, 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 spacereasonably determined by Landlord, Tenant shall first procure the written consent of LandlordLandlord (which consent shall not be unreasonably withheld, which Landlord may refusedelayed or conditioned), to the use thereof thereof, and Landlord may cause a water meter or electrical current special meter to be installed in the Premises, Premises so as to measure the amount of water and water, electric current or other resource consumed for any such other use. The Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of any all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord 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 furnishing the same, plus any separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter Landlord shall not be liable for any damages directly or indirectly resulting from nor shall the 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 utilities or services, or any change in 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 not installedcaused by acts of God or the elements, such excess cost for such water and labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current will be established by an estimate made by a utility company or electrical engineer.other resource in excess of that being supplied or furnished for the use of the Premises as of
Appears in 1 contract
Sources: Sublease Agreement (Mp3 Com Inc)
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, to be determined by Landlord at his in its sole discretion, and subject to the rules and regulations of the Building of Property which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms Common Areas. The costs for services provided under this Article will be included in the Building Operating Expenses. Tenant expressly agrees that all non-essential electrical devices, including without limitation, computers and printers, shall be turned off at the end of which each business day by Tenant Failure to comply with the Premises are requirement shall be deemed a partmaterial breach of this Lease. Landlord shall not be liable for, and Tenant shall not be entitled to, to any reduction of rental rent by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, accident breakage, repairs, strikesstrike, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond unless caused by the reasonable control intentional misconduct of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, occurring through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 condition units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by the Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premisespremises, including, but not 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 devicedevise, for the purpose of using electric current. 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, Tenant shall first procure obtain the prior written consent of Landlord, which Landlord may refusewithhold in its sole discretion, 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 therefore by Landlord 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 furnishing the same, plus any additional expense incurred in keeping account of the 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 Landlord based upon an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Sources: Office Lease (Juina Mining Corp Inc)
Services and Utilities. 17.a. Provided that Tenant is not in default hereunder, except as otherwise specifically provided herein, Landlord shall pay all charges for water, heat, gas, sewer and electricity. In particular, Landlord agrees to furnish to provide for the Premises during reasonable hours of generally recognized business days, to be as determined by Landlord at his in its sole discretion, reasonable discretion and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partBuilding, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment 's reasonable judgement for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain be responsible for trash and keep lighted snow removal and janitorial service for the common stairs, common entries and toilet rooms in the Building of which the Premises are a partareas. Landlord shall not be liable for, and Tenant shall not be entitled to, any damages or any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any characterlockouts, or by any other cause, similar or dissimilar, cause which is beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of profits or consequential damages or injury to property, however occurring, through or in connection with or related which is incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by Landlorddemand.
17.b. Tenant will shall not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation theretolimitation, 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 any apparatus or device with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require requires water or electric current in excess of that usually furnished or supplied for the use 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, 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 the installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord therefor, 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 furnishing the same, plus any additional expense incurred in keeping account of the 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 engineerengineer or by the mutual agreement of the parties.
17.c. Tenant shall pay all charges for telephone service. Tenant shall be responsible for the normal maintenance and upkeep of the Premises and for all janitorial services to the Premises and agrees to keep the Premises in a good, clean, safe, sanitary condition during the term of this Lease.
Appears in 1 contract
Sources: Office Building Lease (Schimatic Cash Transactions Network Com 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, to be determined by Landlord at his sole discretiondescretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries entries, and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurringoccuring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 therefore by Landlord 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 furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Lease Agreement (Sionix Corp)
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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairsareas, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, to any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikesstrike, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written 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 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, devise for the purpose of using electric current. If 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, . Tenant shall first procure the written consent of Landlord, which 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. 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 therefore by Landlord 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 furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Lease Agreement (Pawnbroker Com Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord Lessor agrees to furnish to the Premises during reasonable hours of generally recognized business daysPremises, to be determined by Landlord at his sole discretion, and subject to the rules and any rules, regulations of or other requirements affecting the Building of which the Premises are a part, water and electricity suitable for normal lighting and fractional horsepower office machinesthe intended use of the Building, heat and air conditioning required in Landlord’s Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial serviceservices. Landlord Lessor shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord Lessor shall not be liable for, and Tenant there shall not be entitled to, any no abatement or reduction of rental or other amounts due by Lessee under this Lease, by reason of Landlord’s Lessor's failure to furnish any of the foregoing when such failure is caused by accidentaccidents, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any kind or character, or by any other cause, similar or dissimilar, beyond the reasonable control of LandlordLessor. Landlord Should water or other utility rationing be imposed on the Building and its occupants, Lessee agrees to be bound by the strict enforcement thereof by Lessor and any enforcement body. Except in the case of Lessor's gross negligence or willful misconduct, Lessor shall not be liable under any circumstances for a loss of or injury to person or property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing; provided, however, that in no event shall Lessor be liable for special or consequential damages. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning systemsystem or electrical loads, Landlord Lessor reserves the right to install supplementary air conditioning units in the Premises or additional electrical service, and the cost costs thereof, including the cost costs of installation, installation and the cost of operation and maintenance thereof thereof, shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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 engineerLessee.
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, to be determined by Landlord at his its sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's reasonable judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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, Premises any apparatus or device, 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, 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 such water and electric current consumed as shown by said meters, meters at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Office Building Lease (Colorado Business Bankshares 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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused cause by accident, breakage, repairs, strikes, lockouts or other labor disturbances or of labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation Operation and maintenance Maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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 outlet in the Premises, any apparatus or device, 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Office Building Lease (Anchor Pacific Underwriters 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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a partBuilding. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to incidental to, failure to furnish any of the foregoing. Wherever heat generating machines 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 Supplementary air conditioning units will be installed in the Premises and the cost thereof, including premises with the cost of installation, installation and the cost of operation and maintenance thereof shall to be paid by Tenant to Landlord or public utility upon demand by LandlordLandlord or utility. The nature of the business of 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 machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for is such that the use of electronic and electrical equipment is central to the Premises as general office space; nor organization. As a result, Tenant will use an amount of electrical power greater than would be used by some other tenant not engaged in a similar business. Tenant shall not connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, 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 spacein Tenant's normal business operations, Tenant shall first procure the written consent of Landlord, which Landlord may shall not unreasonably 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 therefore by Landlord 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 furnishing the same, plus any additional expense incurred in keeping account of the 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. Notwithstanding anything to the contrary contained in this Section 19, Landlord shall install, as a portion of Exhibit A, "Work Agreement," excess air conditioning and electrical distribution equipment for Tenant's heat-generating equipment. In addition, Landlord shall provide separate metering, to the extent feasible, of electrical consumption in Tenant's Premises, with the intent that Tenant shall determine its own hours and methods of operation and pay for such consumption direct to the utility.
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 the hours of 7:00 am to be determined by Landlord at his sole discretion, 6:00 pm Monday through Friday and 8:00 am to 1:00 pm on Saturdays and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, electricity for light manufacturing and production assembly of medical devices, normal lighting desk top office equipment and fractional horsepower office machinesnormal copying equipment, heat and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupation occupancy of the Premises. If Tenant desires HVAC at any other time for light manufacturing and production assembly of medical devices, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and janitorial serviceTenant shall pay Landlord’s charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, 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 propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoingsuch services. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of or installation, and the cost of operation and maintenance thereof thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including, but including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises premises as general office space; nor , as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace and light manufacturing and production assembly of medical devices, Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuse, to and in the use thereof and event of consent, Landlord may cause have installed a water meter or electrical current meter to be installed outlets in the Premises, so as Premises to measure the amount of water and or electric current consumed for any such useconsumed. The cost of any such meters meter and of its 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 such water and electric current consumed to as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerengineer hired by Landlord at Tenant’s expense. 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, exterior window washing and janitorial services to the common areas in a manner that such services are customarily furnished to comparable office buildings in the area. Tenant IS responsible for janitorial services to their Premises.
Appears in 1 contract
Sources: Office Building Lease (Techniscan)
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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental rent by reason of Landlord’s Landlord failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever Whenever heat generating machines or equipment are used in on the Premises which affect the temperature otherwise maintained by the 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 thereof, shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Office Building Lease (Ambassadors International Inc)
Services and Utilities. 17.a. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable 24 hours per day except in the case of generally recognized business days, emergencies and repairs and subject to be determined by Landlord at his sole discretion, Paragraph 17.b. and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction reductions of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, dissimilar beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Office Lease (Portal Software Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable all hours of generally recognized business and on all days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning conditioning, water and sanitary sewer service required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, to any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing, except as to Landlord's negligence or tortious acts; provided, however, that if the Tenant cannot reasonably use the Premises for the operation of Tenant's authorized business all Rent shall ▇▇▇▇▇ until the Premises is reasonably suitable for the operation of Tenant's authorized business. Wherever heat generating machines or equipment are used in the Premises which extraordinarily affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the reasonable cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 machines using in excess of 120 220 volts, which will in any extraordinary 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. If Tenant shall require water or electric current extraordinarily in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may shall not unreasonably 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 reasonable 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 within 20 days after demand therefor by Landlord for the extraordinary portion of all such water and electric current consumed as shown by said meters, meters at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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 engineerengineer and it is agreed that the cost of hiring such person and obtaining such estimate shall be shared equally by Landlord and Tenant.
Appears in 1 contract
Sources: Lease (New Frontier Media Inc)
Services and Utilities. Provided that a. Tenant is shall pay all charges for electricity furnished to the Premises, including any taxes thereon. Tenant's failure to pay when due the electricity charges herein shall constitute a default of this Lease. Upon Tenant's failure to pay such charges Landlord may, but shall not be obligated to, pay such charges in place of Tenant, in which case the amount so paid by Landlord shall be deemed to be overdue and shall be subject to the provisions of Article 23.b. hereof.
b. Tenant shall arrange and pay for adequate janitorial service to the Premises. Tenant's failure to pay when due the charges for such janitorial service, and/or its failure to provide for such service on a regular basis, shall constitute a default hereunderof this Lease. Upon Tenant's failure to pay such charges or to make arrangements for such service Landlord may, but shall not be obligated to, pay such charges or make such arrangements in place of Tenant, in which case any amounts paid by Landlord agrees to furnish in connection with janitorial service furnished to the Premises during reasonable hours of generally recognized business days, shall be deemed to be determined by Landlord at his sole discretion, overdue and shall be subject to the rules and regulations provisions of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial serviceArticle 23.b. hereof.
c. Landlord shall also maintain and keep lighted the common stairs, common entries and public toilet rooms in the Building of which the Premises are a partpart from dusk until 10:00 p.m., weekdays only. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental rent by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever Whenever heat generating machines or equipment are used in the Premises Premises, which affect the temperature otherwise maintained by the 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. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract
Sources: Office Building Lease (Qt 5 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, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, to any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines 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 in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. 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 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. 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, 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 such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the 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.
Appears in 1 contract